Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698931595969.pdf (New Zealand)
Reprint as at 28 September 2017 Search and Surveillance Act 2012 Public Act 2012 No 24 Date of assent 5 April 2012 Commencement see section 2 Contents Title Commencement Interpretation Act binds the Crown Purpose Part 1 General provisions Part 2 Police powers Subpart 1—Rules about search warrant powers in relation to places, vehicles, and other things Issuing officer may issue search warrant Subpart 2—Warrantless powers to enter and search when effecting arrest Entry without warrant to arrest person unlawfully at large Entry without warrant to avoid loss of offender or evidential material Page 18 18 19 25 25 25 25 26 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.
1 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Stopping vehicle without warrant to effect arrest Stopping vehicle to find persons unlawfully at large or who have committed certain offences Powers and duties of constable after vehicle stopped Subpart 3—Warrantless searches of people who are to be locked up in Police custody Warrantless searches of people who are, or are to be, locked up in Police custody Searchers Property taken from people locked up in Police custody Subpart 4—Warrantless powers of entry in urgent circumstances Warrantless entry to prevent offence or respond to risk to life or safety Subpart 5—Warrantless powers for evidential material relating to serious offences Entry without warrant to find and avoid loss of evidential material relating to certain offences Searching people in public place without warrant for evidential material relating to certain offences Warrantless entry and search of vehicle for evidential material relating to certain offences Subpart 6—Warrantless powers in relation to arms offences 18 Warrantless searches associated with arms Subpart 7—Police powers in relation to Misuse of Drugs Act 1975 offences Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences Warrantless searches of people found in or on places or vehicles Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975 Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975 Effect of not permitting internal search under section 23 on bail application Subpart 8—Warrantless powers in relation to offences against section 78 or 78AA of Crimes Act 1961 Warrantless searches if offence against section 78 or 78AA of Crimes Act 1961 suspected 26 26 27 28 28 28 29 29 29 30 31 31 31 31 32 33 33 Reprinted as at 28
 September 2017 Search and Surveillance Act 2012 Subpart 9—Warrantless powers in relation to offences against section 202A of Crimes Act 1961 Meaning of disabling substance and offensive weapon in this subpart Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected Subpart 10—Warrantless search of vehicle for stolen property Power to search vehicles without warrant for stolen property Subpart 11—Warrantless powers relating to road blocks Obtaining authorisation for warrantless road block Duration and record of warrantless road block authorisation Authorised road blocks implemented without warrant Subpart 12—Examination orders Examination orders in business contexts Inspector or more senior officer may apply for examination order in business context Conditions for making examination order in business context Examination orders in contexts other than those of business Inspector or more senior officer may apply for examination order in non-business context Conditions for making examination order in non-business context Other provisions that apply to examination order applications Other provisions that apply to examination order applications Making examination orders and contents of examination orders Judge may make examination order Form and content of examination order Other provisions relating to examination orders Presence of lawyer Duration of examination order Other provisions that apply to examination orders Examination order reports Examination order reports Subpart 13—Other matters Common law defence of necessity for people other than constables not affected by this Part Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Part 3 Enforcement officers’ powers
 and orders Subpart 1—Surveillance device warrants and declaratory orders Restrictions on some trespass surveillance and use of interception device Surveillance device warrants Activities for which surveillance device warrant required Some activities that do not require warrant under this subpart Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency Application for surveillance device warrant Application for surveillance device warrant Approval of law enforcement agencies other than Police to carry out visual trespass surveillance and use interception devices Conditions for issuing surveillance device warrant Other provisions that apply to surveillance device warrant applications Issuing of surveillance device warrant Who may issue surveillance device warrant Restrictions on issue of surveillance device warrant Form and content of surveillance device warrant Carrying out authorised surveillance activities and evidential material relevant to other offences Carrying out authorised surveillance activities Admissibility of evidential material relevant to other offences Other provisions applying to surveillance device warrants Other provisions that apply to surveillance device warrants Surveillance device warrant reports Surveillance device warrant report Report on use of surveillance device in situation of urgency or emergency Actions on receipt of surveillance device warrant report Actions on receipt of report on use of surveillance device in situation of urgency or emergency Retention and destruction of raw surveillance data, excerpts, and other information obtained Retention of raw surveillance data, excerpts, and information obtained Disposal of raw surveillance data, excerpts, and information obtained Reprinted as at 28 September 2017 Search and Surveillance Act 2012 65 66 67 68 69 70
 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 What is a declaratory order Declaratory orders Applying for declaratory order When to obtain declaratory order Application for declaratory order Making declaratory order Who may make declaratory order Form and content of declaratory order Subpart 2—Production orders Interpretation Enforcement officer may apply for production order Conditions for making production order Other provisions that apply to production order applications Issuing officer may make production order Form and content of production order Duration of production order Other provisions applying to production orders Documents produced under production order Copy of retained document to be given Subpart 3—Police and Customs officer powers to search in relation to delivery under section 12 of Misuse of Drugs Amendment Act 1978 Meaning of terms used in this subpart Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978 Subpart 4—Warrantless powers of entry and search incidental to arrest or detention Application of this subpart Entry without warrant after arrest Warrantless entry and search of vehicle after arrest Rub-down search of arrested or detained person Things that can be done to facilitate rub-down search Rub-down search may include visual examination Warrantless search of arrested or detained person Part 4 General provisions in relation to search, surveillance, and inspection powers Subpart 1—Application of rules in this Part, and consent searches Application of rules 89 Application of this Part 53 53 54 54 54 55 55 56 56 56 56 57 57 57 58 58 58 59 59 59 59 60 60 60 61 5 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc Subpart 2—Consent searches
 Application of rules about consent searches Purposes for which consent search may be undertaken Advice that must be given before consent search undertaken Circumstances where search by consent unlawful Ability of persons under 14 years to consent to searches of places, vehicles, or other things Exceptions to consent search rules Interpretation Subpart 3—Search warrants Application for search warrant Application for search warrant Application must be verified Mode of application for search warrant Retention of documents Issuing of search warrant Restrictions on issue of search warrant Form and content of search warrant Issuing officer may require search warrant report Transmission of search warrant When search warrant executed When search warrant invalid Authorisation of issuing officers Limitation on jurisdiction of certain issuing officers Subpart 4—Carrying out search powers Search powers Remote access search of thing authorised by warrant Items of uncertain status may be seized Powers of persons called to assist Powers of persons called to assist remote access search Limitation on exercise of powers Giving directions 116 Securing place, vehicle, or other thing to be searched Establishing search scene 117 Special powers where application for search warrant pending Detention of person at search scene Powers of detention incidental to powers to search places and vehicles Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Powers of search incidental to powers of arrest 119 120 Powers of search by person who has power of arrest Powers of search when suspect pursued Stopping vehicles with or without warrant for purposes of search 121 Stopping vehicles with or without warrant for purposes of search Moving vehicle for safekeeping and other purposes 122 Moving vehicles for purpose of search or safekeeping Seizure of items in plain view 123 Seizure of items in plain view
 Search of persons 124 125 126 Internal searches generally prohibited Special rules about searching persons Guidelines and rules about use of strip searching Search warrants to enter and search vehicles 127 Search warrants to enter and search vehicles Duty to remain stopped 128 Duty to remain stopped Duty to provide information 129 Duty to provide information Computer system searches 130 131 132 133 134 135 136 137 138 139 Duty of persons with knowledge of computer system or other data storage devices or Internet site to assist access Identification and notice Identification and notice requirements for person exercising search power (other than remote access search) Identifications and notice requirements for remote access search Inventory of items seized Compliance with certain provisions may be deferred in certain circumstances Further postponement of, or dispensation from, obligation to comply with certain provisions Subpart 5—Privilege and confidentiality General Recognition of privilege Lawyers’ trust accounts Examination orders and production orders Privilege against self-incrimination Other privileges 75 75 76 76 76 77 77 79 79 80 80 80 81 83 83 84 84 85 86 87 87 7 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Surveillance 140 141 142 143 144 145 146 147 Effect of privilege on surveillance conducted under this Act Claims for privilege in respect of surveillance Search warrants and other search powers Effect of privilege on search warrants and search powers Search warrants that extend to lawyers’ premises or material held by lawyers Search warrant extending to certain other privileged materials Searches otherwise affecting privileged materials Interim steps pending resolution of privilege claim Claims for privilege for things seized or sought to be seized Admission of evidence generally 148 Admission of evidence Subpart 6—Procedures applying to seized or produced materials Disposal of things seized or produced Certain things must be
 returned Custody of things seized or produced Copies of things seized or produced Extension of time for holding thing seized or produced Disputed ownership of thing seized or produced Seized or produced property forfeit to the Crown if ownership not established Rights of owners and others in relation to things seized or produced Application for release of or access to things seized or produced Failure to comply with bond or conditions Application to District Court for access to thing seized or produced Application to District Court for release of thing seized or produced Disposal of unlawful items Disposal of forensic copies Other copies and generated material may be retained Application to District Court to dispose of seized property Subpart 7—Immunities Immunities of issuing officer Immunities in relation to obtaining or execution of orders and warrants Other immunities in relation to exercise of entry, search, or surveillance powers Immunity of the Crown Relationship between sections 164 to 167 and other enactments Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Subpart 8—Reporting Reporting of exercise of powers within law enforcement agency Annual reporting of search and surveillance powers by Commissioner Annual reporting of search and surveillance powers by agencies other than Police Information to be included in report on surveillance device warrants and declaratory orders Subpart 9—Offences Failing to comply with examination order Failing to comply with production order False application for examination order, production order, search warrant, surveillance device warrant, or declaratory order Leaving search location in breach of direction Offences relating to stopping vehicles Offence of failing to carry out obligations in relation to computer system search Offence to
 disclose information acquired through search or surveillance Subpart 10—Miscellaneous Effect of proceedings Service of orders and notices Part 5 Amendments, repeals, and miscellaneous provisions Subpart 1—Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes Amendments to Agricultural Compounds and Veterinary Medicines Act 1997 Amendments to Agricultural Compounds and Veterinary Medicines Act 1997 Powers of entry for inspection Issue of search warrants Powers of entry with warrant Disposal of property seized Section 84 repealed Schedule 1 repealed Amendments to Animal Products Act 1999 Amendments to Animal Products Act 1999 Power of entry Power to examine, etc Search and Surveillance Act 2012 Reprinted as at 28 September 2017 192 193 194 195 196 197 198 New section 91A inserted 91A Disposal of seized animals prior to commencement or determination of proceedings Other amendments to Animal Products Act 1999 Amendments to Animal Welfare Act 1999 Amendments to Animal Welfare Act 1999 Amendments to sections 130 to 136 New section 136A inserted 136A Disposal of animals seized or taken into custody prior to commencement or determination of proceedings Vehicle, aircraft, ship, or animal may be detained Power of court to order that certain animals be forfeited to the Crown or approved organisation Amendment to Antarctic Marine Living Resources Act 1981 199 Amendment to Antarctic Marine Living Resources Act 1981 Amendments to Antarctica (Environmental Protection) Act 1994 200 Amendments to Antarctica (Environmental Protection) Act 1994 Amendments to Anti-Money Laundering and Countering Financing of Terrorism Act 2009 201 Amendments to Anti-Money Laundering and Countering
 Financing of Terrorism Act 2009 Amendments to Aviation Crimes Act 1972 202 Amendments to Aviation Crimes Act 1972 Amendments to Biosecurity Act 1993 203 Amendments to Biosecurity Act 1993 Amendment to Boxing and Wrestling Act 1981 Amendment to Boxing and Wrestling Act 1981 New section 9 substituted Search warrants 9 Amendments to Children, Young Persons, and Their Families Act 1989 Amendments to Children, Young Persons, and Their Families Act 1989 Amendments to Parts 1 to 9 of Children, Young Persons, and Their Families Act 1989 Amendments to Part 10 of Children, Young Persons, and Their Families Act 1989 New section 445D inserted 445D Certain provisions of Search and Surveillance Act 2012 apply to some warrants 204 205 206 207 208 209 10 110 110 112 113 113 114 114 116 116 117 117 118 118 119 119 120 120 120 120 120 121 121 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Amendments to Civil Aviation Act 1990 210 Amendments to Civil Aviation Act 1990 Amendments to Commodity Levies Act 1990 211 Amendments to Commodity Levies Act 1990 Amendments to Conservation Act 1987 212 Amendments to Conservation Act 1987 213 214 215 216 217 218 Amendments to Criminal Proceeds (Recovery) Act 2009 Amendments to Criminal Proceeds (Recovery) Act 2009 Amendments to sections 59 and 71 of Criminal Proceeds (Recovery) Act 2009 Amendments to sections 101 to 110 of Criminal Proceeds (Recovery) Act 2009 New section 114 substituted 114 Application of Part 4 of Search and Surveillance Act 2012 Sections 115 to 122 repealed New section 127 substituted 127 Provisions associated with foreign restraining orders and foreign forfeiture orders 219 Additional matters in respect of registering foreign forfeiture order 220 221 222 223 224 225 226 227 228 Amendments to Customs and Excise Act 1996 Amendments to Customs and Excise Act 1996 Amendments to sections 139 to 141 of Customs and Excise Act 1996 Searching vehicles Amendments to sections 149A to 149D of Customs and Excise Act 1996
 Examination of goods no longer subject to control of Customs Amendments to sections 165 to 167 of Customs and Excise Act 1996 Amendments to section 172 and repeal of sections 168 to 171, and 173 of Customs and Excise Act 1996 Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences New section 175D inserted 175D Seizure and detention of certain drugs and objectionable publications 229 Amendments to Part 17 of Customs and Excise Act 1996 Amendments to Dairy Industry Restructuring Act 2001 230 Amendments to Dairy Industry Restructuring Act 2001 121 121 122 122 122 122 123 123 123 124 124 124 124 124 124 125 125 126 126 126 127 127 127 128 11 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Amendments to Dog Control Act 1996 Amendments to Dog Control Act 1996 Power of entry Other amendments to Dog Control Act 1996 Amendments to Driftnet Prohibition Act 1991 Amendments to Driftnet Prohibition Act 1991 Powers of search Powers of seizure Sections 16, 17, and 19 to 22 repealed Section 24 repealed 231 232 233 234 235 236 237 238 Amendments to Electricity Industry Act 2010 239 239A Amendments to Electricity Industry Act 2010 Amendments to Electronic Identity Verification Act 2012 Amendments to Extradition Act 1999 240 Amendments to Extradition Act 1999 241 242 243 Amendments to Films, Videos, and Publications Classification Act 1993 Amendments to Films, Videos, and Publications Classification Act 1993 Amendments to sections 109 to 109B of Films, Videos, and Publications Classification Act 1993 New section 110 substituted 110 Application of Part 4 of Search and Surveillance Act 2012 244 Section 118 repealed Amendments to Financial Markets Authority Act 2011 245 Amendments to Financial Markets Authority Act 2011 Amendments to Financial Transactions Reporting Act 1996 246 Amendments to Financial Transactions Reporting Act 1996 Amendments to Fisheries Act 1996 Amendments to Fisheries Act 1996 New sections 199
 and 199A substituted 199 199A New section 199B inserted 199B Powers of entry and examination for regulatory purposes Powers of entry and search for law enforcement purposes Application of Part 4 of Search and Surveillance Act 2012 Amendments to sections 200 to 207 of Fisheries Act 1996 Amendments to sections 208 to 220 of Fisheries Act 1996 Schedule 7 repealed Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Amendments to Food Act 1981 253 Amendments to Food Act 1981 254 Amendments to Gambling Act 2003 Amendments to Gambling Act 2003 255 256 257 Amendments to Hazardous Substances and New Organisms Act 1996 Amendments to Hazardous Substances and New Organisms Act 1996 Amendments to Health Practitioners Competence Assurance Act 2003 Amendments to Health Practitioners Competence Assurance Act 2003 Amendments to Human Assisted Reproductive Technology Act 2004 Amendments to Human Assisted Reproductive Technology Act 2004 Amendments to Human Tissue Act 2008 258 Amendments to Human Tissue Act 2008 Amendment to Immigration Act 2009 Amendment to Immigration Act 2009 293A Immigration officer may apply for search warrant Amendments to Immigration Advisers Licensing Act 2007 Purposes of inspection Inspection powers Amendments to Immigration Advisers Licensing Act 2007 New sections 56 and 57 substituted 56 57 Amendments to sections 58 to 61 of Immigration Advisers Licensing Act 2007 New section 61A inserted 61A Other amendments to Immigration Advisers Licensing Act 2007 Search warrant 259 260 261 262 263 264 Amendments to Insurance (Prudential Supervision) Act 2010 265 Amendments to Insurance (Prudential Supervision) Act 2010 Amendments to International Crimes and International Criminal Court Act 2000 266 Amendments to International Crimes and International Criminal Court Act 2000 136 137 138 138 139 139 140 140 140 141 141
 141 141 142 142 142 142 143 13 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Amendments to International War Crimes Tribunals Act 1995 267 Amendments to International War Crimes Tribunals Act 1995 Amendments to Land Transport Act 1998 268 Amendments to Land Transport Act 1998 Amendments to Local Government Act 2002 269 270 271 Amendments to Local Government Act 2002 Seizure of property from private land Other amendments to Local Government Act 2002 Amendments to Major Events Management Act 2007 272 Amendments to Major Events Management Act 2007 Amendments to Marine Mammals Protection Act 1978 273 274 275 Amendments to Marine Mammals Protection Act 1978 Powers of search New section 14 substituted 14 Officer may obtain warrant Amendments to Marine Reserves Act 1971 276 Amendments to Marine Reserves Act 1971 Amendments to Maritime Security Act 2004 277 Amendments to Maritime Security Act 2004 278 279 280 281 282 283 Amendments to Maritime Transport Act 1994 Amendments to Maritime Transport Act 1994 Amendments to Part 30 of Maritime Transport Act 1994 New sections 454 and 455 substituted 454 455 Warrant to inspect dwellinghouse, marae, etc Entry in respect of offences Amendments to Meat Board Act 2004 Amendments to Meat Board Act 2004 Amendments to Part 3 of Meat Board Act 2004 Amendments to Part 4 of Meat Board Act 2004 Amendments to Motor Vehicle Sales Act 2003 284 Amendments to Motor Vehicle Sales Act 2003 Amendments to National Parks Act 1980 285 Amendments to National Parks Act 1980 Amendments to Overseas Investment Act 2005 286 Amendments to Overseas Investment Act 2005 Amendments to Ozone Layer Protection Act 1996 287 Amendments to Ozone Layer Protection Act 1996 14 144 144 145 145 146 146 148 148 148 148 148 149 149 149 149 150 150 150 150 151 152 152 153 153 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 288 289 290 Search warrants New section 25 substituted 25 Retention of property seized Return or forfeiture of
 property seized Amendment to Petroleum Demand Restraint Act 1981 291 Amendment to Petroleum Demand Restraint Act 1981 Amendments to Pork Industry Board Act 1997 292 Amendments to Pork Industry Board Act 1997 Amendments to Prostitution Reform Act 2003 293 Amendments to Prostitution Reform Act 2003 Amendments to Radiation Protection Act 1965 294 Amendments to Radiation Protection Act 1965 Amendments to Radiocommunications Act 1989 295 Amendments to Radiocommunications Act 1989 Amendments to Reserve Bank of New Zealand Act 1989 296 297 298 Amendments to Reserve Bank of New Zealand Act 1989 Amendments to Parts 4 and 5 of Reserve Bank of New Zealand Act 1989 Further amendments to Reserve Bank of New Zealand Act 1989 Amendments to Reserves Act 1977 299 Amendments to Reserves Act 1977 Amendments to Resource Management Act 1991 300 Amendments to Resource Management Act 1991 Amendments to Sale of Liquor Act 1989 301 Amendments to Sale of Liquor Act 1989 Amendments to Tax Administration Act 1994 302 Amendments to Tax Administration Act 1994 Amendments to Trade in Endangered Species Act 1989 303 Amendments to Trade in Endangered Species Act 1989 Amendments to Unsolicited Electronic Messages Act 2007 304 Amendments to Unsolicited Electronic Messages Act 2007 Amendments to Waste Minimisation Act 2008 305 306 307 Amendments to Waste Minimisation Act 2008 Amendments to Waste Minimisation Act 2008 Other amendments to Waste Minimisation Act 2008 153 154 154 154 154 154 155 155 156 156 156 157 157 158 159 159 160 161 162 162 162 15 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Amendments to Wild Animal Control Act 1977 308 Amendments to Wild Animal Control Act 1977 Amendments to Wildlife Act 1953 309 Amendments to Wildlife Act 1953 Amendments to Wine Act 2003 310 Amendments to Wine Act 2003 Subpart 2—Amendments to search and seizure powers in other enactments (and to related provisions) used for regulatory purposes Amendments to Anti-Personnel Mines Prohibition Act
 1998 311 Amendments to Anti-Personnel Mines Prohibition Act 1998 Amendments to Chemical Weapons (Prohibition) Act 1996 312 Amendments to Chemical Weapons (Prohibition) Act 1996 313 Amendments to Commerce Act 1986 Amendments to Commerce Act 1986 163 164 165 166 167 167 Amendment to Credit Contracts and Consumer Finance Act 2003 314 Amendment to Credit Contracts and Consumer Finance Act 2003 167 315 Amendments to Electricity Act 1992 Amendments to Electricity Act 1992 Amendments to Fair Trading Act 1986 316 Amendments to Fair Trading Act 1986 Amendments to Forests Act 1949 317 Amendments to Forests Act 1949 Amendments to Gas Act 1992 318 Amendments to Gas Act 1992 Amendments to International Energy Agreement Act 1976 319 320 321 Amendments to International Energy Agreement Act 1976 Power of entry New section 11 substituted 11 Search warrants Amendments to Weights and Measures Act 1987 322 Amendments to Weights and Measures Act 1987 Subpart 3—Other repeals and amendments Amendments to Arms Act 1983 323 Arms Act 1983 amended 168 168 168 169 170 170 170 170 170 171 16 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Amendments to Corrections Act 2004 324 Corrections Act 2004 amended Amendments to Crimes Act 1961 325 Crimes Act 1961 amended Amendments to Crimes Amendment Act (No 4) 2011 326 Amendments to Crimes Amendment Act (No 4) 2011 Amendments to Criminal Procedure Act 2011 327 Amendments to Criminal Procedure Act 2011 Amendment to District Courts Act 1947 328 329 District Courts Act 1947 amended New section 17A substituted 17A Sections 121, 128, and 129 of Search and Surveillance Act 2012 inapplicable to bailiffs Amendment to Health Act 1956 330 Health Act 1956 amended Amendments to Misuse of Drugs Act 1975 331 332 333 Misuse of Drugs Act 1975 amended New section 18 substituted 18 Application of Customs and Excise Act 1996 Seizing and destroying prohibited plants and seeds Amendments to Misuse of Drugs Amendment Act 1978 334 Misuse of Drugs Amendment Act
 1978 amended Amendment to Mutual Assistance in Criminal Matters Act 1992 335 Mutual Assistance in Criminal Matters Act 1992 amended Amendments to Policing Act 2008 336 Policing Act 2008 amended Amendments to Summary Proceedings Act 1957 337 Summary Proceedings Act 1957 amended Amendments to Summary Proceedings Amendment Act (No 2) 2011 338 Amendments to Summary Proceedings Amendment Act (No 2) 2011 Amendment to Telecommunications Act 2001 339 Telecommunications Act 2001 amended Amendment to Telecommunications (Interception Capability) Act 2004 171 172 173 173 174 174 174 174 174 174 174 175 175 175 176 177 177 177 340 Telecommunications (Interception Capability) Act 2004 amended 177 17 s 1 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Repeal of Telecommunications (Residual Provisions) Act 1987 341 Telecommunications (Residual Provisions) Act 1987 repealed 178 Subpart 4—Regulation-making powers, transitional provisions, and review provision 342 Regulations Transitional provisions Transitional provision in relation to reporting requirements Disclosure of prior warrants in applications for surveillance device warrants made in transitional period Disclosure of prior warrants in applications for search warrants Transitional provision relating to Part 11A of Crimes Act 1961 Transitional provision relating to sections 14 to 29 of Misuse of Drugs Amendment Act 1978 Transitional provision in relation to sections 198 to 200 of Summary Proceedings Act 1957 [Expired] Transitional provision relating to sections 200A to 200P of Summary Proceedings Act 1957 Transitional provision relating to covert video surveillance Transitional provision relating to provisions brought into force under section 2 Certain provisions deemed to be in force during transitional period Certain provisions limited to matters covered in subpart 1 of Part 3 during transitional period Transitional provision relating to Criminal Procedure Act 2011 References to enforcement officer during
 transitional period Regulations providing for transitional matters 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 Review of operation of Act Review provision Schedule Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2012 applies 178 178 179 179 179 179 180 180 181 181 182 182 182 183 183 184 185 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Search and Surveillance Act 2012.
Commencement Part 1 and subpart 1 of Part 3 (other than section 49(3) and (4)), and sections 136, 140, 141, 148, 162, 165, 166, 167, 168, 169, 170, 171, 172, 175, 179, 180, 181, 247, 248, 251(3), 325 (other than section 325(4) and (6)), 334(1) and (7), 2 (1) 18 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 1 s 3 (2) (3) (4) 3 (1) 337(4), 342, 343, 346, 347, 349, 350, 352, 353, 354, 355, and 356 come into force on 18 April 2012.
The rest of this Act comes into force on a date appointed by the Governor-Gen- eral by Order in Council, and 1 or more Orders in Council may be made bring- ing different provisions into force on different dates.

To the extent that it is not previously brought into force under subsection (2), the rest of this Act comes into force on 1 April 2014.

In this section, provision includes any item, or any part of an item, in the Schedule.
Section 2(2): Part 2, section 49(3), (4), subparts 2–4 of Part 3, Part 4 (except sections 136, 140, 141, 148, 162, 165–172, 175, 179–181), Part 5 (except sections 201(3)–(9), 247, 248, 251(3), 302, 325(1)–(3), (5), (7)–(13), 334(1), (7), 337(4), 342, 343, 346, 347, 349, 350, 352–356) and the Sched- ule (except the items relating to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and the Tax Administration Act 1994) brought into force, on 1 October 2012, by clause 3 of the Search and Surveillance Act Commencement Order 2012 (SR 2012/229).
Section 2(2): section 201(3) to (9) and the item in the Schedule relating to the Anti-Money Launder- ing and Countering Financing of Terrorism Act 2009 brought into force, on 30 June 2013, by clause 4 of the Search and Surveillance Act Commencement Order 2012 (SR 2012/229).

Section 2(2): section 302 and the item in the Schedule relating to the Tax Administration Act 1994 brought into force, on 1 September 2013, by the Search and Surveillance Act Commencement Order 2013 (SR 2013/302).
Part 1 General provisions Interpretation In this Act, unless the context otherwise requires,— access, in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system access information includes codes, passwords, and encryption keys, and any related information that enables access to a computer system or any other data storage device arms means any firearm, airgun, pistol, restricted weapon, imitation firearm, or explosive (as those terms are defined in section 2 of the Arms Act 1983), or any ammunition business context, in relation to the acquisition of any information by a person, means the acquisition of the information in the person’s capacity as— (a) a provider of professional services or professional advice in relation to a person who is being investigated, or 1 or more of whose transactions are being investigated, in respect of an offence; or 19 Part 1 s 3 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (b) a director, manager, officer, trustee, or employee of an entity that is be- ing investigated, or 1 or more of whose transactions are being investiga- ted, in respect of an offence category 3 offence has the same meaning as in section 6 of the Criminal Pro- cedure Act 2011 category 4 offence has the same meaning as in section 6 of the Criminal Pro- cedure Act 2011 chief executive— (a) means the chief executive (however described) of any department of State, Crown entity, local authority, or other body that employs or engag- es enforcement officers as part of its functions; and (b) includes the Commissioner Commissioner means the Commissioner of Police computer system— (a) means— (i) (ii) (iii) (iv) a computer; or 2 or more interconnected computers; or any communication links between computers or to remote termin- als or another device; or 2 or more interconnected computers combined with any commu- nication links between computers or to remote terminals or any other device; and
 (b) includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data constable has the same meaning as in section 4 of the Policing Act 2008 controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975 Crown entity has the same meaning as in section 7(1) of the Crown Entities Act 2004 Customs officer has the meaning given to it in section 2(1) of the Customs and Excise Act 1996 District Court Judge means a Judge appointed under the District Court Act 2016 enforcement officer means— a constable; or any person authorised by an enactment specified in column 2 of the Schedule, or by any other enactment that expressly applies any provision (a) (b) 20 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 1 s 3 in Part 4, to exercise a power of entry, search, inspection, examination, or seizure equipment includes fingerprint powder and any chemical or other substance used for law enforcement purposes evidential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence examination order means an examination order made under section 38 informant has the same meaning as in section 6(1) of the Criminal Disclosure Act 2008 intercept, in relation to a private communication, includes hear, listen to, re- cord, monitor, acquire, or receive the communication either— (a) while it is taking place; or (b) while it is in transit interception device— (a) means any electronic, mechanical, electromagnetic, optical, or electro- optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication (including a telecommunication); but (b) does not include a hearing aid or similar device used to correct subnor- mal hearing of the user to no better than
 normal hearing issuing officer means— (a) (b) a Judge: a person, such as a Justice of the Peace, Community Magistrate, Regis- trar, or Deputy Registrar, who is for the time being authorised to act as an issuing officer under section 108 Judge means a District Court Judge or a Judge of the High Court law enforcement agency means any department of State, Crown entity, local authority, or other body that employs or engages enforcement officers as part of its functions local authority means a local authority within the meaning of section 5(1) of the Local Government Act 2002 medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine non-business context means a context other than a business context 21 Part 1 s 3 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 non-private premises means premises, or part of a premises, to which mem- bers of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport, or shop nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of gen- eral nursing functions Police article has the same meaning as in section 4 of the Policing Act 2008 Police bail has the same meaning as in Part 2 of the Bail Act 2000 Police employee has the same meaning as in section 4 of the Policing Act 2008 Police uniform has the same meaning as in section 4 of the Policing Act 2008 precursor substance has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975 private activity means activity that, in the circumstances, any 1 or
 more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants private communication— (a) means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but (b) does not include a communication of that kind occurring in circumstan- ces in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person with- out having the express or implied consent of any party to do so private premises means a private dwellinghouse, a marae, and any other prem- ises that are not within the definition of non-private premises production order means a production order made under section 74 raw surveillance data— (a) means actual video recordings or actual audio recordings; and (b) includes full transcripts, or substantial parts of transcripts, of audio re- cordings remote access search means a search of a thing such as an Internet data stor- age facility that does not have a physical address that a person can enter and search road block means any form of barrier or obstruction preventing or limiting the passage of vehicles rub-down search means a search described in sections 85(2), 86, and 87 22 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 1 s 3 search power, in relation to any provision in this Act, means— (a) (b) every search warrant issued under this Act or an enactment set out in column 2 of the Schedule to which that provision is applied; and every power, conferred under this Act or an enactment set out in column 2 of the Schedule to which that provision is applied, to enter and search, or enter and inspect or examine (without warrant) any place, vehicle, or other thing, or to search a person strip search means a search where the
 person conducting the search may re- quire the person being searched to undress, or to remove, raise, lower, or open any item or items of clothing so that the genitals, buttocks, or (in the case of a female) breasts are— (a) (b) uncovered; or covered only by underclothing surveillance device means a device that is any 1 or more of the following kinds of devices: (a) (b) (c) an interception device: a tracking device: a visual surveillance device thing seized does not include anything made or generated by a person exercis- ing a search or surveillance power (for example, photographs, drawings, or au- dio or video recordings made by or on behalf of that person, or a forensic copy of a computer hard drive) tracking device— (a) means a device that may be used to help ascertain, by electronic or other means, either or both of the following: (i) the location of a thing or a person: (ii) whether a thing has been opened, tampered with, or in some other way dealt with; but (b) does not include a vehicle or other means of transport, such as a boat or helicopter trespass surveillance means surveillance that involves trespass to land or tres- pass to goods unique identifier, in relation to an enforcement officer, means an identifier, used to identify the officer, that is not his or her name and that— (a) is assigned to him or her by the law enforcement agency that employs or engages him or her for the purposes of its operations; and (b) uniquely identifies him or her in relation to the law enforcement agency unlawfully at large, in relation to a person, means that he or she is any 1 or more of the following: 23 Part 1 s 3 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (a) (b) (c) (d) (e) (f) (g) a person for whose arrest a warrant (other than a warrant issued under Part 3 of the Summary Proceedings Act 1957) is in force: unlawfully at large within the meaning of the Corrections Act 2004 or the Parole Act 2002: a prison breaker within the meaning of section
 119 of the Crimes Act 1961: an escapee from lawful custody within the meaning of section 120 of the Crimes Act 1961: a special patient or restricted patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 who has es- caped or failed to return on the expiry or cancellation of a period of leave: a care recipient or special care recipient within the meaning of the Intel- lectual Disability (Compulsory Care and Rehabilitation) Act 2003 who has escaped or failed to return on the expiry or cancellation of a period of leave: a young person within the meaning of the Oranga Tamariki Act 1989 who is subject to an order made under section 311(1) of that Act and who is absconding from the custody of the chief executive (as defined in that Act) vehicle means any conveyance that is capable of being moved under a person’s control, whether or not the conveyance is used for the carriage of persons or goods, and includes a motor vehicle, aircraft, train, ship, or bicycle visual surveillance device— (a) means any electronic, mechanical, electromagnetic, optical, or electro- optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, a private activity; but (b) does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision visual trespass surveillance means trespass surveillance involving the use of a visual surveillance device.
(2) For the purposes of the definition of computer system, a computer is intercon- nected with another computer if it can be lawfully used to provide access to that other computer— (a) with or without access information; and (b) whether or not either or both computers are currently turned on; and (c) whether or not access is currently occurring.

Section 3(1) District Court Judge: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
24 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 2 s 7 Section 3(1) unlawfully at large paragraph (g): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

4 5 Act binds the Crown This Act binds the Crown.
Purpose The purpose of this Act is to facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is con- sistent with human rights values by— (a) modernising the law of search, seizure, and surveillance to take into ac- count advances in technologies and to regulate the use of those technolo- gies; and (b) (c) providing rules that recognise the importance of the rights and entitle- ments affirmed in other enactments, including the New Zealand Bill of Rights Act 1990, the Privacy Act 1993, and the Evidence Act 2006; and ensuring investigative tools are effective and adequate for law enforce- ment needs.
Part 2 Police powers Subpart 1—Rules about search warrant powers in relation to places, vehicles, and other things 6 Issuing officer may issue search warrant An issuing officer may issue a search warrant, in relation to a place, vehicle, or other thing, on application by a constable if the issuing officer is satisfied that there are reasonable grounds— (a) (b) to suspect that an offence specified in the application and punishable by imprisonment has been committed, or is being committed, or will be committed; and to believe that the search will find evidential material in respect of the offence in or on the place, vehicle, or other thing specified in the appli- cation.
Subpart 2—Warrantless powers to enter and search when effecting arrest 7 Entry without warrant to arrest person unlawfully at large A constable may enter a place or vehicle without warrant to search for and ar- rest a person if the constable has reasonable grounds— (a) to suspect that a person is unlawfully at large; and 25 Part 2 s 8 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (b) to believe that the person is there.
8 (1) Entry without warrant to avoid loss of offender or evidential material In the circumstances set out in subsection (2), a constable may— (a) (b) enter a place or vehicle without a warrant; and search for and arrest a person that the constable suspects has committed the offence.
(2) The circumstances are that the constable has reasonable grounds— (a) (b) (c) to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and to believe that the person is there; and to believe that, if entry is not effected immediately, either or both of the following may occur: (i) (ii) the person will leave there to avoid arrest: evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.
Stopping vehicle without warrant to effect arrest 9 Stopping vehicle to find persons unlawfully at large or who have committed certain offences A constable may stop a vehicle without a warrant to arrest a person if the con- stable has reasonable grounds— (a) to suspect that a person— (i) (ii) is unlawfully at large; or has committed an offence punishable by imprisonment; and (b) to believe that the person is in or on the vehicle.
10 Powers and duties of constable after vehicle stopped (1) A constable exercising the stopping power under section 9 may do any 1 or more of the following: (a) (b) require any person in or on the vehicle who the constable has reasonable grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply all or any of his or her name, ad- dress, other contact details, and date of birth: search the vehicle to locate the person referred to in section 9, if the con- stable has reasonable grounds to believe that the person is in or on the vehicle: 26 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 2 s 11 (c) search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person referred to in section 9— (i) (ii) has been arrested; or is seen fleeing from the vehicle before he or she can be arrested.
(2) Before conducting a search under a power conferred by subsection (1)(c), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to in section 9.
Subpart 3—Warrantless searches of people who are to be locked up in Police custody 11 Warrantless searches of people who are, or are to be, locked up in Police custody (1) This section applies to any person who— (a) (b) has been taken into lawful custody; and is— (i) (ii) at a Police station; or in other premises, or is in, or about to be placed in, a vehicle, be- ing used for Police purposes; and (c) is, or is to be, locked up (whether pending a decision as to bail under section 21 of the Bail Act 2000, or in any other circumstances).
(2) A constable, or a searcher used in accordance with section 12, may conduct a search of a person to whom this section applies before that person is locked up.
(3) A constable, or a searcher used in accordance with section 12, may conduct a search of a person after the person is locked up if— (a) (b) (c) the person has not been searched under subsection (2); or the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to a person who was not locked up in Police custody (other than an enforcement officer or a searcher); or the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to another person who was eligible to be searched under this subsection but was not searched; or (d) there are reasonable grounds to believe that the person is in possession of anything that may be used to harm himself or herself or others.
(4) A constable or searcher may take from the person subject to a search under this section any money or other property found during the search.
Compare: 2008 No 72 s 37 27 Part 2 s 12 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 12 Searchers (1) A Police employee in charge of a person to whom section 11 applies may use a searcher to conduct a search of the person under section 11 if the use of that searcher is necessary to enable the search of the person in custody to be carried out— (a) by someone of the same sex as the person to be searched; or (b) within a reasonable time of the person being taken into custody.
(2) The Police employee in charge of a person who is taken into lawful custody and is to be locked up must be satisfied that a searcher used under this section has received appropriate training before that searcher conducts a search under section 11.

(3) The searcher must carry out the search as if he or she were a Police employee.
Compare: 2008 No 72 s 38 13 Property taken from people locked up in Police custody (1) All money and every item of property taken from a person under section 11 must be returned to him or her when he or she is released from custody, except for the following: (a) (b) any money or property that, in the opinion of a constable, may need to be given in evidence in proceedings arising out of a charge brought against the person: any money or property whose possession may, in the opinion of a con- stable, constitute an offence.
(2) Despite subsection (1), when a person described in section 11(1) is released from Police custody and is placed in the custody of another person, all money and every item of property taken from him or her under section 11 (other than money or property of a kind described in subsection (1)(a) or (b)) must, if prac- ticable, be delivered— (a) (b) to the person into whose custody he or she is released; or to the person in charge of the facility, if he or she is being released from Police custody in order to be held in custody in the facility.
(3) Subsection (1) is subject to an order made under— (a) (b) section 40 of the Policing Act 2008; or section 377 of the Criminal Procedure Act 2011.
Compare: 2008 No 72 s 39 Subpart 4—Warrantless powers of entry in urgent circumstances 14 Warrantless entry to prevent offence or respond to risk to life or safety (1) A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a place or vehicle may— 28 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 2 s 17 (a) (b) enter the place or vehicle without a warrant; and take any action that he or she has reasonable grounds to believe is neces- sary to prevent the offending from being committed or continuing, or to avert the emergency.
(2) The circumstances are as follows: (a) (b) an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property: there is risk to the life or safety of any person that requires an emergency response.
Subpart 5—Warrantless powers for evidential material relating to serious offences 15 Entry without warrant to find and avoid loss of evidential material relating to certain offences A constable may enter and search a place without a warrant if he or she has reasonable grounds— (a) to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and (b) to believe— (i) (ii) that evidential material relating to the offence is in that place; and that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or dam- aged.
16 Searching people in public place without warrant for evidential material relating to certain offences A constable may search a person without a warrant in a public place if the con- stable has reasonable grounds to believe that the person is in possession of evi- dential material relating to an offence punishable by imprisonment for a term of 14 years or more.
17 Warrantless entry and search of vehicle for evidential material relating to certain offences A constable may, without a warrant, enter and search a vehicle that is in a pub- lic place if he or she has reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle.
29 Part 2 s 18 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Subpart 6—Warrantless powers in relation to arms offences 18 Warrantless searches associated with arms (1) A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following: (a) (b) (c) (d) (e) search the person: search any thing in the person’s possession or under his or her control (including a vehicle): enter a place or vehicle to carry out any activity under paragraph (a) or (b): seize and detain any arms found: seize and detain any licence under the Arms Act 1983 that is found.
(2) The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and— (a) (b) he or she is in breach of the Arms Act 1983; or he or she, by reason of his or her physical or mental condition (however caused),— (i) is incapable of having proper control of the arms; or (ii) may kill or cause bodily injury to any person; or (c) that, under the Domestic Violence Act 1995,— (i) (ii) a protection order or a police safety order is in force against the person; or there are grounds to make an application against him or her for a protection order.
(3) A constable may, without a warrant, enter a place or vehicle, search it, seize any arms or any licence under the Arms Act 1983 found there, and detain the arms or licence if he or she has reasonable grounds to suspect that there are arms in the place or vehicle— (a) (b) in respect of which a category 3 offence, a category 4 offence, or an of- fence against the Arms Act 1983 has been committed, or is being com- mitted, or is about to be committed; or that may be evidential material in relation to a category 3 offence, a cat- egory 4 offence, or an offence against the Arms Act 1983.
30 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 2 s 22 Subpart 7—Police powers in relation to Misuse of Drugs Act 1975 offences 19 Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants A constable may search any person found in or on a place or vehicle, in rela- tion to which a search warrant is issued under section 6, if the offence that was specified in the application for the search warrant is an offence against the Mis- use of Drugs Act 1975.
20 Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds— (a) to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is— (i) (ii) (iii) (iv) a controlled drug specified or described in Schedule 1 of the Mis- use of Drugs Act 1975; or a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and (b) (c) to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and to believe that, if the entry and search is not carried out immediately, evi- dential material relating to the suspected offence will be destroyed, con- cealed, altered, or damaged.
21 Warrantless searches of people found in or on places or vehicles A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.

22 Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975 (1) A constable may, in the circumstances set out in subsection (2), search a person without a warrant.
(2) The circumstances are that the constable has reasonable grounds— 31 Part 2 s 23 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (a) to believe that the person is in possession of— (i) (ii) (iii) (iv) a controlled drug specified or described in Schedule 1 of the Mis- use of Drugs Act 1975; or a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and (b) to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.
(3) This section does not— (a) (b) limit section 20 or 21; or authorise a constable to enter or search a place or vehicle except in ac- cordance with those sections.
23 (1) Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975 In the circumstances set out in subsection (2), a constable may require a person to permit a medical practitioner, nominated for the purpose by the constable, to conduct an internal examination of any part of the person’s body by means of— (a) (b) an X-ray machine or other similar device; or a manual or visual examination (whether or not facilitated by any instru- ment or device) through any body orifice.
(2) The circumstances are that— (a) (b) the person is under arrest for an offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975; and the constable has reasonable grounds to believe that the person has se- creted within his or her body any property— (i) (ii) that may be evidence of the offence with which the person is charged; or the possession of which by the person constitutes any other of- fence against section 6, 7, or 11 of the Misuse of Drugs Act 1975.
(3) A medical practitioner must not conduct an internal examination if he or she— (a) (b) considers that to do so may be prejudicial to the person’s health; or is satisfied that the person is not prepared to permit an internal examin- ation to be conducted.

32 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 2 s 25 (4) 24 (1) This section does not limit or affect sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.
Effect of not permitting internal search under section 23 on bail application In the circumstances set out in subsection (2), a court may decline to consider a bail application by a person, and may order that the person continue to be de- tained in Police custody, until the earlier of the following occurs: (a) the expiry of 2 days after the day on which the person was required under section 23(1) to permit an internal examination by a medical prac- titioner: (b) the person permits the examination to be conducted.
(2) The circumstances are that— (a) (b) the person fails to permit an internal examination to be conducted under section 23; and the court is satisfied that the requirement under section 23(1) was prop- erly made on reasonable grounds.

(3) Nothing in subsection (1) limits a court’s discretion to refuse bail.

(4) This section overrides any contrary provisions about bail in any of the follow- ing: (a) (b) (c) the Bail Act 2000: the Misuse of Drugs Act 1975: the Criminal Procedure Act 2011.
Subpart 8—Warrantless powers in relation to offences against section 78 or 78AA of Crimes Act 1961 Part 2 subpart 8 heading: amended, on 28 September 2017, by section 328 of the Intelligence and Security Act 2017 (2017 No 10).

25 Warrantless searches if offence against section 78 or 78AA of Crimes Act 1961 suspected (1) A constable may, without a warrant, carry out a search in the circumstances set out in subsection (2).
(2) The circumstances are that there are reasonable grounds— (a) (b) to suspect that an offence against section 78 or 78AA of the Crimes Act 1961 has been, is being, or will be committed and that the case is one of great urgency and requires immediate action; and to believe that there is evidence in any place, or in or on any vehicle or other thing, as to the commission of that offence or evidence of a thing that is intended to be used for the purpose of committing that offence.
Compare: 1961 No 43 s 78D 33 Part 2 s 26 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Section 25 heading: amended, on 28 September 2017, by section 329(1) of the Intelligence and Se- curity Act 2017 (2017 No 10).

Section 25(2)(a): amended, on 28 September 2017, by section 329(2) of the Intelligence and Security Act 2017 (2017 No 10).
Subpart 9—Warrantless powers in relation to offences against section 202A of Crimes Act 1961 26 Meaning of disabling substance and offensive weapon in this subpart In this subpart,— disabling substance means any anaesthetising or other substance produced to use for disabling a person, or intended for such use by the person who has it with him or her offensive weapon means any article made or altered to use for causing bodily injury, or intended for such use by the person who has it with him or her.
27 Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected A constable who has reasonable grounds to suspect that a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances) may, with- out a warrant, search the person.
28 Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected (1) A constable who has reasonable grounds to suspect that the circumstances in subsection (2) exist in relation to a vehicle may search the vehicle.
(2) The circumstances are that— (a) a person travelling in the vehicle or who has alighted from it is commit- ting an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); and (b) the vehicle contains a knife, offensive weapon, or disabling substance.
Subpart 10—Warrantless search of vehicle for stolen property 29 Power to search vehicles without warrant for stolen property A constable who has reasonable grounds to believe that any stolen property is in or on any vehicle may search it without a warrant.
34 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 2 s 32 Subpart 11—Warrantless powers relating to road blocks 30 Obtaining authorisation for warrantless road block (1) A senior constable may authorise the establishment of a road block for the pur- pose of arresting a person in the circumstances set out in subsection (2).
(2) The circumstances are that the senior constable— (a) has reasonable grounds to believe that in or on a vehicle there is a person who the constable has reasonable grounds to suspect— (i) has committed an offence punishable by a term of imprisonment; or (ii) is unlawfully at large; and (b) (c) has reasonable grounds to suspect that the vehicle will travel past the place where it is proposed that the road block be established; and is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established.
(3) An authorisation may be granted under this section orally or in writing.

(4) In this section, senior constable means a constable who holds a level of pos- ition of sergeant or higher, and includes any constable who is acting in any such rank.
31 Duration and record of warrantless road block authorisation (1) An authorisation under section 30— (a) is valid for an initial period not exceeding 24 hours specified by the per- son giving the authorisation; and (b) may be renewed from time to time by a District Court Judge for a single further period not exceeding 24 hours specified in writing by the Judge.
(2) The person giving the authorisation must keep or cause to be kept a written re- cord of the following matters: (a) (b) the location of the road block that was authorised: the period or periods for which the authorisation was granted or re- newed: (c) the grounds on which the authorisation was granted or renewed.
32 Authorised road blocks implemented without warrant Any constable may do any or all of the following when a road block is author- ised under section 30: (a) (b) establish a road block at the place specified in the authorisation: stop vehicles at or in the vicinity of the road block: 35 Part 2 s 33 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (c) (d) require any person in or on any vehicle stopped by the road block who the constable has reasonable grounds to suspect has committed an of- fence punishable by imprisonment to state any or all of his or her name, address, and date of birth: search the vehicle for the purpose of locating a person referred to in sec- tion 30(2)(a)(i) or (ii), if the constable or any other constable has reason- able grounds to believe that the person is in or on the vehicle.
Subpart 12—Examination orders Examination orders in business contexts 33 Inspector or more senior officer may apply for examination order in business context (1) A constable who is of or above the level of position of inspector may apply to a Judge for an examination order against a person in a business context if— (a) the constable is satisfied that the conditions specified in section 34 are met in respect of the person; and (b) the making of the application is approved by— (i) (ii) (iii) a Deputy Commissioner; or an Assistant Commissioner; or the District Commander (other than an acting District Command- er) of the Police district in which the constable is stationed.
(2) An application made under this section must be made in writing, and must set out the following particulars: (a) (b) (c) (d) (e) (f) (g) the name of the applicant: a description of the offence that it is suspected has been committed, is being committed, or will be committed: the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed: a description of the information sought to be obtained by the examin- ation order: the facts relied on to show reasonable grounds to believe that the person against whom the order is sought has the information: the facts that indicate that the person against whom the order is sought acquired the information in respect of which the order is sought in a business context: the facts that indicate that the person against whom the order is sought has been given a reasonable opportunity by a constable to provide the in- formation but has not done so.
36 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 2 s 35 34 Conditions for making examination order in business context The conditions for making an examination order in a business context against a person are that— (a) (b) (c) (d) there are reasonable grounds to suspect that an offence punishable by imprisonment for a term of 5 years or more has been committed, or is being committed, or will be committed; and there are reasonable grounds to believe that the person sought to be examined has information that constitutes evidential material in respect of the offence; and there are reasonable grounds to believe that the person sought to be examined acquired the information in respect of which the order is sought in a business context; and the person has been given a reasonable opportunity by a constable to provide that information and has not done so.
Examination orders in contexts other than those of business 35 Inspector or more senior officer may apply for examination order in non- business context (1) A constable who is of or above the level of position of inspector may apply to a Judge for an examination order against a person in a non-business context if— (a) the constable is satisfied that the conditions specified in section 36 are met in respect of the person; and (b) the making of the application is approved by— (i) (ii) (iii) a Deputy Commissioner; or an Assistant Commissioner; or the District Commander (other than an acting District Command- er) of the Police district in which the constable is stationed.
(2) An application made under this section must be made in writing, and must set out the following particulars: (a) (b) (c) (d) (e) the name of the applicant: a description of the offence that it is suspected has been committed, is being committed, or will be committed: the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed: a description of the information sought to be obtained by the examin- ation order: the facts relied on to show reasonable grounds to believe that the person against whom the order is sought has the information: 37 Part 2 s 36 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (f) (g) the facts that indicate that the person against whom the order is sought acquired the information in respect of which the order is sought in a non- business context: the facts that indicate that the person against whom the order is sought has been given a reasonable opportunity by a constable to provide the in- formation but has not done so.
36 Conditions for making examination order in non-business context The conditions for making an examination order in a non-business context against a person are that— (a) there are reasonable grounds to suspect that an offence punishable by imprisonment has been committed, or is being committed, or will be committed, and the offence— (i) (ii) involves serious or complex fraud that is punishable by imprison- ment for a term of 7 years or more; or has been committed, or is being committed, or will be committed wholly or partly by an organised criminal group as defined in sec- tion 98A(2) of the Crimes Act 1961; and there are reasonable grounds to believe that the person sought to be examined has information that constitutes evidential material in respect of the offence; and there are reasonable grounds to believe that the person sought to be examined acquired the information in respect of which the order is sought in a non-business context; and the person has been given a reasonable opportunity by a constable to provide that information and has not done so.
(b) (c) (d) Other provisions that apply to examination order applications 37 (1) Other provisions that apply to examination order applications The provisions in subsection (2) apply to any application for an examination order as if— (a) (b) (c) any reference in those provisions to a search warrant were a reference to an examination order; and any reference in those provisions to an issuing officer were a reference to a Judge; and any reference in those provisions to the District Court were a reference to the District Court or a High Court, as the case may be.
(2) The provisions are— section 98(2) (relating to requirements for further information); and section 99 (relating to verification of application); and (a) (b) 38 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 2 s 39 (c) (d) section 100(1), (2), and (4) (relating to mode of application); and section 101 (relating to retention of documents).

Section 37(1)(c): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Making examination orders and contents of examination orders 38 Judge may make examination order A Judge may, on an application made under section 33 or 35, make an examin- ation order against a person if the Judge is satisfied that— (a) (b) the conditions specified in section 34 or 36, as the case may be, are met in respect of the person; and it is reasonable to subject the person to compulsory examination, having regard to the nature and seriousness of the suspected offending, the nature of the information sought, the relationship between the person to be examined and the suspect, and any alternative ways of obtaining the information.
39 Form and content of examination order (1) An examination order made under section 38 must be in the prescribed form, if any, and must require the person against whom it is made— (a) (b) to attend before the Commissioner or a delegate of the Commissioner; and to answer any questions that are relevant to the information in respect of which the order was made.
(2) The examination order must set out the following: (a) (b) (c) (d) (e) (f) the name of the person required to comply with the order: the grounds on which the order is made: the nature of the questions that the person is to be asked, being questions that are relevant to the information in respect of which the order was made: if the examination is to be conducted by a delegate of the Commissioner, the name of the delegate: a condition that, in accordance with section 43, an examination order re- port must be provided within 1 month after the completion of the exam- ination conducted under the order to the Judge who made the order or, if that Judge is unable to act, to a Judge of the same court as the Judge who made the order: any requirement that the Judge making the order considers reasonable for inclusion of specified information in the examination order report provided under section 43: 39 Part 2 s 40 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (g) where the examination is to take place: (h) when the examination is to take place or how a time for the examination is to be fixed.
Other provisions relating to examination orders 40 Presence of lawyer A person against whom an examination order is made must, before being re- quired to appear before the Commissioner or the Commissioner’s delegate, be given a reasonable opportunity to arrange for a lawyer to accompany him or her.

41 Duration of examination order An examination order is in force for the period specified in the order (not ex- ceeding 30 days after the date on which the order is made).
42 Other provisions that apply to examination orders Section 105 (relating to the transmission of search warrants) and section 107 (relating to when a search warrant is invalid) apply to examination orders as if— (a) (b) any reference in those provisions to a warrant or search warrant were a reference to an examination order; and any reference in those provisions to an issuing officer were a reference to the Judge issuing an examination order.
Examination order reports 43 (1) Examination order reports The Commissioner or the delegate of the Commissioner, as the case may be, who conducts an examination authorised by an examination order must provide an examination order report within 1 month after the completion of the examin- ation conducted under the order, as specified in the order, to the Judge who made the order, or, if that Judge is unable to act, to a Judge of the same court as the Judge who made the order.
(2) The examination order report must contain the following information: (a) whether the examination resulted in obtaining evidential material: (b) whether any criminal proceedings have been brought or are under con- sideration as a result of evidential material obtained by means of the examination: (c) any other information stated in the order as being required for inclusion in the examination order report.
40 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 3 s 46 Subpart 13—Other matters 44 Common law defence of necessity for people other than constables not affected by this Part Nothing in this Part affects the common law defence of necessity as it applies to persons who are not constables.
Part 3 Enforcement officers’ powers and orders Subpart 1—Surveillance device warrants and declaratory orders 45 Restrictions on some trespass surveillance and use of interception device (1) Nothing in this subpart authorises any enforcement officer to undertake tres- pass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence— (a) (b) (c) that is punishable by a term of imprisonment of 7 years or more; or against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983; or against section 25, 26, or 70 of the Psychoactive Substances Act 2013.
(2) Nothing in this subpart authorises any enforcement officer to use an intercep- tion device except in order to obtain evidential material in relation to an of- fence— (a) (b) (c) that is punishable by a term of imprisonment of 7 years or more; or against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983; or against section 25, 26, or 70 of the Psychoactive Substances Act 2013.

Section 45(1)(b): amended, on 18 July 2013, by section 108(2) of the Psychoactive Substances Act 2013 (2013 No 53).
Section 45(1)(c): inserted, on 18 July 2013, by section 108(3) of the Psychoactive Substances Act 2013 (2013 No 53).

Section 45(2)(b): amended, on 18 July 2013, by section 108(4) of the Psychoactive Substances Act 2013 (2013 No 53).

Section 45(2)(c): inserted, on 18 July 2013, by section 108(5) of the Psychoactive Substances Act 2013 (2013 No 53).
Surveillance device warrants 46 (1) Activities for which surveillance device warrant required Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveil- lance device warrant: (a) use of an interception device to intercept a private communication: 41 Part 3 s 47 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (b) (c) (d) (e) use of a tracking device, except where a tracking device is installed sole- ly for the purpose of ascertaining whether a thing has been opened, tam- pered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods: observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device: use of a surveillance device that involves trespass to land or trespass to goods: observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or re- cording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds— (i) (ii) 3 hours in any 24-hour period; or 8 hours in total.
This section is subject to section 45.
Some activities that do not require warrant under this subpart (2) 47 (1) No warrant under this subpart is required by an enforcement officer for any 1 or more of the following activities: (a) the enforcement officer— (i) (ii) being lawfully in private premises; and recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear without the use of a surveillance device): (b) (c) (d) covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them: activities carried out under an authorisation issued under Part 4 of the In- telligence and Security Act 2017: activities carried out by the enforcement officer’s use of a surveillance device, if that use is authorised under any enactment other than this Act.
(2) Subsection (1)(b) does not prevent an enforcement officer from applying for a warrant authorising covert audio recording in the circumstances set out in that subsection.

Section 47(1)(c): replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
48 Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency (1) An enforcement officer who is in any 1 or more of the situations set out in sub- section (2) may use a surveillance device for a period not exceeding 48 hours 42 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 3 s 48 from the time the surveillance device is first used without obtaining a surveil- lance device warrant, if— (a) (b) he or she is entitled to apply for a surveillance device warrant in relation to those situations; but obtaining a surveillance device warrant within the time in which it is proposed to undertake the surveillance is impracticable in the circum- stances.
(2) The situations are as follows: (a) the enforcement officer has reasonable grounds— (i) (ii) to suspect that an offence punishable by a term of imprisonment of 14 years or more has been, is being, or is about to be commit- ted; and to believe that use of the surveillance device would obtain eviden- tial material in relation to the offence: (b) the enforcement officer has reasonable grounds— (i) (ii) to suspect that any 1 or more of the circumstances set out in sec- tion 14(2) exist; and to believe that use of the surveillance device is necessary to pre- vent the offending from being committed or continuing, or to avert the emergency: (c) the enforcement officer has reasonable grounds— (i) (ii) to suspect that any 1 or more of the circumstances set out in sec- tion 18(2) exist; and to believe that use of the surveillance device is necessary to facili- tate the seizure of the arms: (d) the enforcement officer has reasonable grounds— (i) (ii) to suspect that a category 3 or 4 offence in relation to arms or an offence against the Arms Act 1983 has been committed, or is be- ing committed, or is about to be committed; and to believe that use of the surveillance device would obtain eviden- tial material in relation to the offence: (e) the enforcement officer has reasonable grounds— (i) to suspect that an offence has been committed, or is being com- mitted, or is about to be committed in relation to a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, or Part 1 of Schedule 3 of the Misuse of Drugs Act 1975, or to a precur- sor substance specified or described in Part 3 of Schedule 4 of that Act; and 43 Part 3 s 49 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (ii) to believe that use of the surveillance device would obtain eviden- tial material in relation to the offence: (f) the enforcement officer has reasonable grounds— (i) (ii) to believe that a person is in possession of any 1 or more of the things described in section 81(2)(a) to (d); and to believe that use of the surveillance device is necessary to facili- tate the thing’s seizure.
(3) An enforcement officer using, or intending to use, a surveillance device in ac- cordance with subsection (1) may do any or all of the following, using any force that is reasonable in the circumstances to do so, in order to install, main- tain, or remove the surveillance device, or to access and use electricity to power the surveillance device: (a) (b) (c) enter any premises, area, or vehicle: break open or interfere with any vehicle or other thing: temporarily remove any vehicle or other thing from any place where it is found and return it to that place.
(4) This section is subject to section 45.
Application for surveillance device warrant 49 Application for surveillance device warrant (1) An application for a surveillance device warrant may be made only by an en- forcement officer, and must contain, in reasonable detail, the following particu- lars: (a) (b) (c) (d) (e) (f) (g) the name of the applicant: the provision authorising the making of an application for a search war- rant in respect of the suspected offence: the grounds on which the application is made: the suspected offence in relation to which the surveillance device war- rant is sought: the type of surveillance device to be used: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance: a description of the evidential material believed to be able to be obtained by use of the surveillance device: (h) the period for which the warrant is sought.
If the enforcement officer cannot provide all the information required under subsection (1)(f) and (g), the application must instead state the circumstances in which the surveillance is proposed to be undertaken in enough detail to iden- (2) 44 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 3 s 50 tify the parameters of, and objectives to be achieved by, the proposed use of the surveillance device.
(3) The applicant must disclose in the application— (a) the details of any other applications for a search warrant or a surveil- lance device warrant that the applicant knows to have been made within the previous 3 months in respect of the person, place, vehicle, or other thing proposed as the object of the surveillance; and (b) the result of that application or those applications.
(4) The applicant must, before making an application for a surveillance device warrant, make reasonable inquiries within the agency in which the applicant is employed or engaged for the purpose of complying with subsection (3).
(5) Despite subsection (1), an application for a surveillance device warrant seeking authority to use visual trespass surveillance or an interception device may only be made by— (a) (b) a constable; or an enforcement officer employed or engaged by a law enforcement agency that has been approved by an Order in Council made under sec- tion 50.
50 (1) (2) (3) Approval of law enforcement agencies other than Police to carry out visual trespass surveillance and use interception devices The Governor-General may, by Order in Council made on the recommendation of the Minister of Justice, approve a specified law enforcement agency other than the Police to do either or both of the following: (a) (b) to carry out visual trespass surveillance: to use interception devices.
The Minister of Justice may recommend the making of an Order in Council under subsection (1)(a), following consultation with the Minister of Police, if he or she is satisfied that it is appropriate for the agency to carry out visual tres- pass surveillance, and that the agency has the technical capability, and the policies and procedures in place, so that the surveillance can be carried out in a manner that ensures the safety of the people involved in the surveillance.
The Minister of Justice may recommend the making of an Order in Council under subsection (1)(b), following consultation with the Minister of Police, if he or she is satisfied that it is appropriate for the agency to use interception de- vices, and that the agency has— (a) the technical capability to intercept private communications in a manner that ensures the reliability of any information obtained through the use of an interception device; and 45 Part 3 s 51 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (b) policies and procedures in place to ensure that the integrity of any infor- mation obtained through the use of an interception device is preserved; and (c) the expertise— (i) (ii) to extract evidential material from information obtained through the use of an interception device in a form that can be used in a criminal proceeding; and to ensure that any evidential material obtained through the use of an interception device is presented to the court in an appropriate manner, when the agency intends to proceed with a prosecution.
(4) In this section, specified law enforcement agency means— (a) (b) the New Zealand Customs Service; or the Department of Internal Affairs.
51 Conditions for issuing surveillance device warrant The conditions for issuing a surveillance device warrant are that— (a) there are reasonable grounds— (i) to suspect that an offence has been committed, or is being com- mitted, or will be committed in respect of which this Act or any enactment specified in column 2 of the Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence; and (ii) to believe that the proposed use of the surveillance device will ob- tain information that is evidential material in respect of the of- fence; and (b) the restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances.
52 (1) Other provisions that apply to surveillance device warrant applications The provisions in subsection (2) apply to any application for a surveillance de- vice warrant as if— (a) (b) (c) any reference in those provisions to a search warrant were a reference to a surveillance device warrant; and any reference in those provisions to an issuing officer were a reference to a Judge; and any reference in those provisions to the District Court were a reference to the District Court or a High Court, as the case may be.
(2) The provisions are— (a) section 98(2) (relating to requirements for further information); and 46 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 3 s 55 (b) (c) (d) section 99 (relating to verification of application); and section 100 (relating to mode of application); and section 101 (relating to retention of documents).

Section 52(1)(c): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Issuing of surveillance device warrant 53 Who may issue surveillance device warrant A surveillance device warrant may be issued by a Judge, on application under section 49, if he or she is satisfied that the conditions set out in section 51 are met.
54 Restrictions on issue of surveillance device warrant A Judge must not issue a surveillance device warrant that is primarily intended to facilitate surveillance or recording of activity between a lawyer and his or her client that is communication of a kind to which legal professional privilege normally applies unless the Judge is satisfied that there is a prima facie case that the communication is to be made or received— (a) (b) for a dishonest purpose; or for the purpose of planning to commit or committing an offence.
55 (1) Form and content of surveillance device warrant Every surveillance device warrant must— (a) (b) (c) (d) (e) be in the prescribed form, if any; and be directed to every enforcement officer who has authority to carry out the activities authorised by the surveillance device warrant; and specify a period, of no more than 60 days after the date on which the warrant is issued, for which it is in force; and contain a condition that, in accordance with section 59, a surveillance device warrant report must be provided within 1 month after the expiry of the period for which the warrant is in force to the Judge who issues the warrant or, if that Judge is unable to act, to a Judge of the same court as the Judge who issues the warrant; and contain a condition that the enforcement officer carrying out the activ- ities authorised by the warrant must not use any communication obtained under the authority of the warrant unless the privilege is waived or its use is authorised by a Judge, if he or she has reasonable grounds to be- lieve that the communication may be subject to a privilege specified in section 136.
(2) A surveillance device warrant may be subject to any other conditions specified in the warrant that the Judge issuing it considers reasonable, including a re- 47 Part 3 s 55 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 quirement for inclusion of specified information in the surveillance device war- rant report provided under section 59.
(3) Every surveillance device warrant must also contain, in reasonable detail, the following particulars: (a) (b) (c) (d) (e) (f) (g) (h) the name of the Judge issuing the warrant and the date of issue: the provision authorising the making of an application for a search war- rant in respect of the suspected offence: the type of surveillance device the use of which the warrant authorises: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance: the evidential material relating to the suspected offence that may be ob- tained by use of the surveillance device: that an enforcement officer carrying out the activities authorised by the warrant may use any assistance that is reasonable in the circumstances: that an enforcement officer who, while carrying out the activities author- ised by the warrant, obtains the content of a telecommunication may di- rect the relevant network operator to provide call associated data (as de- fined in section 3(1) of the Telecommunications (Interception Capability and Security) Act 2013) that is— (i) (ii) a document within the meaning of section 70; and related to that telecommunication: that, subject to section 45, an enforcement officer carrying out the activ- ities authorised by the warrant may do any or all of the following, using any force that is reasonable in the circumstances to do so, in order to in- stall, maintain, or remove the surveillance device, or to access and use electricity to power the surveillance device: (i) (ii) (iii) enter any premises, area, or vehicle specified in the warrant: break open or interfere with any vehicle or other thing: temporarily remove any vehicle or other thing from any place where it is found and return it to that place.
(4) Despite subsection (3)(d) and (e), if the Judge has not been provided in the ap- plication, or otherwise, with the information specified in those provisions be- cause the applicant is unable to provide it, the warrant must instead state the details (as provided under section 52(2) or otherwise) of the circumstances in which the surveillance is to be undertaken in enough detail to identify the pa- rameters of, and objectives to be achieved by, the use of the surveillance de- vice.
(5) Despite subsection (1)(c), a Judge may issue a further surveillance device war- rant in respect of the same suspected offence in regard to which the Judge, or another Judge, has previously issued a surveillance device warrant.

48 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 3 s 58 Section 55(3)(g): amended, on 11 May 2014, by section 123 of the Telecommunications (Interception Capability and Security) Act 2013 (2013 No 91).
Carrying out authorised surveillance activities and evidential material relevant to other offences 56 Carrying out authorised surveillance activities A surveillance device warrant allows the following persons to carry out the ac- tivities authorised by it: (a) (b) any or all of the persons to whom it is directed: any assistant— (i) who is called upon by a person specified in paragraph (a) to help him or her to carry out the activities; and (ii) who, at all times that he or she is carrying out activities authorised by the warrant, remains under the supervision of a person speci- fied in paragraph (a).
57 (1) (2) Admissibility of evidential material relevant to other offences Subsection (2) applies if, in the course of carrying out activities authorised by a surveillance device warrant or while lawfully using a surveillance device in re- lation to an offence, a person obtains any evidential material in relation to an offence— (a) (b) that is not the offence in respect of which the warrant was issued or in respect of which the surveillance device was lawfully put into use, as the case requires; but in respect of which a surveillance device warrant could have been issued or a surveillance device could have been lawfully used.
The evidential material referred to in subsection (1) is not inadmissible in crim- inal proceedings by reason only that the surveillance device warrant that authorised the activity that obtained the material was issued in respect of a dif- ferent offence or, as the case requires, that the material was obtained from the use of a surveillance device that was put into use in respect of a different of- fence.
Other provisions applying to surveillance device warrants 58 Other provisions that apply to surveillance device warrants Section 105 (relating to the transmission of search warrants) and section 107 (relating to when a search warrant is invalid) apply to surveillance device war- rants as if— (a) any reference in those provisions to a warrant or search warrant were a reference to a surveillance device warrant; and 49 Part 3 s 59 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (b) any reference in those provisions to an issuing officer were a reference to the Judge issuing a surveillance device warrant.
Surveillance device warrant reports 59 Surveillance device warrant report (1) A person who carries out the activities authorised by a surveillance device war- rant must provide a surveillance device warrant report within 1 month after the expiry of the period for which the warrant is in force, as specified in the war- rant, to the Judge who issued the warrant or, if that Judge is unable to act, to a Judge of the same court as the Judge who issued the warrant.
(2) The surveillance device warrant report must contain the following information: (a) whether carrying out the activities authorised by the surveillance device warrant resulted in obtaining evidential material: (b) whether or not the evidential material obtained as a result of carrying out the activities authorised by the warrant was evidential material specified in the warrant in accordance with section 55(3)(e): (c) the circumstances in which the surveillance device was used: (d) whether any criminal proceedings have been brought or are under con- sideration as a result of evidential material obtained under the warrant: (e) any other information stated in the warrant as being required for inclu- sion in the surveillance device warrant report.
60 Report on use of surveillance device in situation of urgency or emergency (1) An enforcement officer who uses a surveillance device under the authority of section 48 must provide a report to a Judge within 1 month after the date of the last day of any period of 48 hours or less over which the surveillance device was used.
(2) The report made under subsection (1) must contain the following information: (a) whether the use of the surveillance device resulted in— (i) (ii) obtaining evidential material of the relevant offence (in the case of use of a surveillance device in a situation set out in section 48(2)(a), (d), or (e)); or preventing the offending from being committed or continuing, or averting the emergency (in the case of use of a surveillance device in a situation set out in section 48(2)(b)); or (iii) facilitating the seizure of the arms (in the case of use of a surveil- lance device in a situation set out in section 48(2)(c)); and (b) the circumstances in which the surveillance device was used.
50 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 3 s 62 (3) A Judge who receives a report under subsection (1) may require the enforce- ment officer who used the surveillance device to supply further information re- garding the circumstances surrounding the use of the surveillance device.
61 Actions on receipt of surveillance device warrant report (1) A Judge receiving a surveillance device warrant report under section 59 may do any 1 or more of the following: (a) (b) give directions as to the destruction or retention of the material obtained as a result of the surveillance: if he or she considers that the surveillance activities carried out were in breach of any of the conditions of the warrant’s issue, or of any applic- able statutory provision, report on the breach to the chief executive of the relevant agency: (c) order that the subject of the surveillance be notified.
(2) The Judge must not make an order under subsection (1)(c) unless he or she is satisfied— (a) (b) that the circumstances set out in subsection (3) exist; and that— (i) (ii) the warrant should not have been issued; or there has been a serious breach of any of the conditions of its issue, or of any applicable statutory provision.
(3) The circumstances are that the public interest in notification outweighs any po- tential prejudice to any 1 or more of the following: (a) (b) (c) (d) any investigation by the law enforcement agency: the safety of informants or undercover officers: the supply of information to the law enforcement agency: any international relationships of the law enforcement agency.
62 Actions on receipt of report on use of surveillance device in situation of urgency or emergency (1) A Judge receiving a report under section 60 may do any 1 or more of the fol- lowing: (a) (b) give directions as to the destruction or retention of the material obtained as a result of the use of the surveillance device: if he or she considers that the use of the surveillance device was not authorised under section 48, report accordingly to the chief executive of the relevant agency: (c) order that the subject of the surveillance be notified.
(2) The Judge must not make an order under subsection (1)(c) unless he or she is satisfied that— 51 Part 3 s 63 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (a) (b) the circumstances set out in subsection (3) exist; and use of the surveillance device was a serious breach of the criteria set out in section 48.
(3) The circumstances are that the public interest in notification outweighs any po- tential prejudice to any 1 or more of the following: (a) (b) (c) (d) any investigation by the law enforcement agency: the safety of informants or undercover officers: the supply of information to the law enforcement agency: any international relationships of the law enforcement agency.
Retention and destruction of raw surveillance data, excerpts, and other information obtained 63 (1) Retention of raw surveillance data, excerpts, and information obtained Raw surveillance data may be retained by the law enforcement agency that col- lected it— (a) until the conclusion of criminal proceedings in relation to an offence in respect of which the data was collected, including the later of— (i) the conclusion of any appeal proceedings brought in relation to the offence; or (ii) the expiry of any period for bringing such an appeal; or (b) until the later of a maximum period of 3 years, or any further period spe- cified in an order made under subsection (2), if— (i) no criminal proceedings have commenced in relation to any of- fence in respect of which the data was collected; but (ii) the data is required for an ongoing investigation by the agency.
(2) A Judge may make an order extending by no more than a further 2 years the period for which raw surveillance data may be retained by the agency in the circumstances in subsection (1)(b)(i) and (ii) if— (a) (b) the agency applies for the order before the expiry of the initial 3-year period; and the Judge is satisfied that the data is required for that ongoing investiga- tion.
(3) Excerpts from raw surveillance data may be retained by the law enforcement agency that collected it in accordance with an order made by a Judge on appli- cation by the agency.

(4) A Judge may make an order under subsection (3) if— (a) the law enforcement agency that collected the raw surveillance data ap- plies for the order; and 52 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 3 s 66 (b) the Judge is satisfied that the excerpts may be required for a future in- vestigation.
(5) An order made under subsection (2) or (3) may be made subject to any condi- tion specified in the order that the Judge issuing it considers reasonable.

(6) Information that is obtained from raw surveillance data but that does not itself constitute raw surveillance data may be retained by the law enforcement agency that collected it if there are reasonable grounds to suspect that the infor- mation may be relevant to an ongoing or future investigation by the agency.
(7) This section is subject to— (a) (b) any direction given under section 61(1)(a) or 62(1)(a); and any enactment requiring the retention of information that is part of a court record.
64 Disposal of raw surveillance data, excerpts, and information obtained A law enforcement agency must ensure that any raw surveillance data, excerpts from raw surveillance data, and information obtained from it that is not itself raw surveillance data, and that is not retained in accordance with section 63 or as part of a court record, is deleted or erased.
Declaratory orders 65 What is a declaratory order (1) A declaratory order is a statement by a Judge that he or she is satisfied that the use of a device, technique, or procedure, or the carrying out of an activity, spe- cified in the order is, in the circumstances of the use or the carrying out of the activity specified in the order, reasonable and lawful.
(2) A declaratory order is advisory in character and does not affect the jurisdiction of any court to determine whether the activity that was the subject of the order was reasonable and lawful.

Applying for declaratory order 66 When to obtain declaratory order (1) An enforcement officer may apply for a declaratory order in the circumstances set out in subsection (2).
(2) The circumstances are that— (a) the enforcement officer wishes to use a device, technique, or procedure, or to carry out an activity, that is not specifically authorised by another statutory regime; and 53 Part 3 s 67 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (b) the use of the device, technique, or procedure, or the carrying out of the activity, may constitute an intrusion into the reasonable expectation of privacy of any other person.
67 Application for declaratory order An application for a declaratory order may be made only by an enforcement officer, and must contain, in reasonable detail, the following particulars: (a) (b) (c) (d) (e) the name of the applicant: a description of the device, technique, procedure, or activity, with enough detail to enable the Judge to understand what is proposed to be used or undertaken: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed use of the device, techni- que, or procedure, or of the proposed activity (if available): the circumstances in which the device, technique, or procedure is pro- posed to be used, or in which the activity is proposed to be undertaken: the purpose for which the device, technique, or procedure is to be used, or for which the activity is to be undertaken.
Making declaratory order 68 Who may make declaratory order A Judge may make a declaratory order if he or she is satisfied that the use of a device, technique, or procedure, or the carrying out of an activity, in the cir- cumstances of the proposed use or carrying out of the activity, is reasonable and lawful.

Form and content of declaratory order Every declaratory order must be in the prescribed form, if any.
Every declaratory order must also contain, in reasonable detail, the following particulars: (a) (b) (c) (d) the name of the Judge making the order and the date the order is made: a description of the device, technique, procedure, or activity that the order relates to, with enough detail to enable the enforcement officer using the device, technique, or procedure, or undertaking the activity, to understand what is covered by the order: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the use of the device, technique, or pro- cedure, or of the activity (if available): the circumstances in which the device, technique, or procedure is to be used, or in which the activity is to be undertaken: 69 (1) (2) 54 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 3 s 71 (e) the purpose for which the device, technique, procedure, or activity is to be used, or for which the activity is to be undertaken.
Subpart 2—Production orders 70 Interpretation In this subpart,— call associated data and network operator have the same meanings as in sec- tion 3(1) of the Telecommunications (Interception Capability and Security) Act 2013 document includes call associated data and the content of telecommunications in respect of which, at the time an application is made under section 71 for a production order against a network operator, the network operator has storage capability for, and stores in the normal course of its business, that data and con- tent.
Section 70 call associated data and network operator: amended, on 11 May 2014, by section 123 of the Telecommunications (Interception Capability and Security) Act 2013 (2013 No 91).
71 Enforcement officer may apply for production order (1) An enforcement officer who may apply for a search warrant to obtain docu- ments may apply to an issuing officer for a production order against a person in respect of those documents if the enforcement officer is satisfied that the condi- tions, specified in section 72, for making the order against the person are met.
(2) An application under this section must be in writing and must set out the fol- lowing particulars: (a) (b) (c) (d) (e) (f) the name of the applicant: the provision authorising the making of an application for a search war- rant in respect of the suspected offence: a description of the offence that it is suspected has been committed, is being committed, or will be committed: the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed: a description of the documents for which production is sought: the facts relied on to show reasonable grounds to believe the documents sought are in the possession or under the control of the person against whom the order is sought: (g) whether the person against whom the order is made should be required to produce,— (i) on 1 occasion only, those documents for which production is sought that are in his or her possession or under his or her control when the order is made; or 55 Part 3 s 72 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (ii) on an ongoing basis, those documents for which production is sought that are in his or her possession or under his or her control at the time the order is made, and those documents for which pro- duction is sought and that come into his or her possession or come under his or her control at any time while the order is in force.
72 Conditions for making production order The conditions for making a production order are that there are reasonable grounds— (a) to suspect that an offence has been committed, or is being committed, or will be committed (being an offence in respect of which this Act or any enactment specified in column 2 of the Schedule authorises an enforce- ment officer to apply for a search warrant); and (b) to believe that the documents sought by the proposed order— (i) (ii) constitute evidential material in respect of the offence; and are in the possession or under the control of the person against whom the order is sought, or will come into his or her possession or under his or her control while the order is in force.
73 (1) Other provisions that apply to production order applications The provisions in subsection (2) apply to any application for a production order as if any reference in those provisions to a warrant or search warrant were a reference to a production order.
(2) The provisions are— (a) (b) (c) (d) section 98(2) (relating to requirements for further information); and section 99 (relating to verification of application); and section 100 (relating to mode of application); and section 101 (relating to retention of documents).

74 Issuing officer may make production order An issuing officer may make a production order against a person if satisfied, on an application made under section 71, that the conditions, specified in section 72, for making the order are met.
75 Form and content of production order (1) A production order must be in the prescribed form, if any, and must require the person against whom it is made (person A)— (a) to give the enforcement officer who applied for the order, or a person identified in the order, any documents described in the order that are in the possession or under the control of person A, and, if section 71(2)(g)(ii) applies to the order, documents described in the order that 56 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 3 s 78 come into the possession or under the control of person A while the order is in force; and (b) if any of those documents are not, or are no longer, in the possession or under the control of person A, to disclose, to the best of person A’s knowledge or belief, the location of those documents to the enforcement officer who applied for the order or to the person identified in the order.
(2) The production order must set out the following: (a) (b) (c) the name of person A: the grounds on which the order is made: the documents required to be given: (d) whether the documents must be produced on 1 occasion only, or whether they are required to be produced on an ongoing basis for the duration of the entire order: (e) the time by which, and the way in which, the documents must be pro- duced.
The production order may describe the documents required to be given by ref- erence to a class or category of document.

If the production order is made against a body corporate or an unincorporated body, the order may specify an individual (whether by name or by reference to a position held in the body) who is to comply with the order as the body’s rep- resentative.
(3) (4) 76 Duration of production order A production order is in force for the period specified in the order (not exceed- ing 30 days after the date on which the order is made).

77 Other provisions applying to production orders Section 105 (relating to the transmission of search warrants) and section 107 (relating to when a search warrant is invalid) apply to production orders as if any reference in those provisions to a warrant or search warrant were a refer- ence to a production order.
78 Documents produced under production order When any document is produced in compliance with a production order, the enforcement officer who applied for the order may do any 1 or more of the fol- lowing things: (a) (b) (c) retain the original document produced if it is relevant to the investiga- tion: take copies of the document, or of extracts from the document: if necessary, require the person producing the document to reproduce, or to assist any person nominated by the chief executive or a delegate of the 57 Part 3 s 79 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 chief executive to reproduce, in usable form, any information recorded or stored in the document.
79 Copy of retained document to be given An enforcement officer who, in accordance with section 78(a), retains an ori- ginal document that is produced in compliance with a production order must, as soon as practicable after the document is produced, take a copy of the docu- ment and give the copy to the person who produced the original document in compliance with the production order.
Subpart 3—Police and Customs officer powers to search in relation to delivery under section 12 of Misuse of Drugs Amendment Act 1978 80 Meaning of terms used in this subpart In this subpart, unless the context otherwise requires, craft, package, and vehicle have the same meanings as in section 2(1) of the Customs and Excise Act 1996.
81 (1) Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978 In the circumstances set out in subsection (2), a constable or a Customs officer may, during the course of a delivery in relation to which a Customs officer has exercised his or her powers under section 12 of the Misuse of Drugs Amend- ment Act 1978, do any or all of the following without a warrant: (a) (b) (c) search a person involved in a delivery under section 12 of the Misuse of Drugs Amendment Act 1978: enter and search any place, craft, or vehicle: seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).
(2) The circumstances are that the constable or the Customs officer has reasonable grounds to believe that the person is in possession of, or the place, craft, or vehicle contains, any 1 or more of the following: a controlled drug: a precursor substance: a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance: evidential material in relation to the commission of an offence under sec- tion 6(1)(a) or 12AB of the Misuse of Drugs Act 1975.
(a) (b) (c) (d) 58 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 3 s 85 Subpart 4—Warrantless powers of entry and search incidental to arrest or detention 82 Application of this subpart This subpart applies to any person who has exercised a power of arrest or de- tention, or both, by or under this Act or any other enactment, other than— (a) (b) (c) the Armed Forces Discipline Act 1971; or the Defence Act 1990; or any regulations made under either of those Acts.
83 (1) Entry without warrant after arrest This section applies if a person— (a) (b) arrests a person for an offence; and has reasonable grounds to believe that evidential material relating to the offence is at a place and that the evidential material will be destroyed, concealed, altered, or damaged if entry to that place is delayed to obtain a warrant.
(2) The person may enter the place without a warrant to search for the evidential material relating to the offence (whether or not the person was arrested there).

84 Warrantless entry and search of vehicle after arrest A person to whom this subpart applies who has arrested a person and who has reasonable grounds to believe that evidential material relating to the offence for which the person was arrested is in or on a vehicle may enter and search it without a warrant.
85 Rub-down search of arrested or detained person (1) A person to whom this subpart applies may carry out a rub-down search of a person, in accordance with this section, when the person is arrested, or detained under a statutory power of detention, in order to ensure that the person is not carrying anything that may be used— (a) (b) to harm any person; or to facilitate the person’s escape.
(2) For the purposes of this section and sections 86 and 87, a rub-down search means a search of a clothed person in which the person conducting the search may do any or all of the following: (a) (b) run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than the underclothing) of that person: insert his or her hand inside any pocket or pouch in the clothing (other than the underclothing) of the person being searched: 59 Part 3 s 86 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (c) for the purpose of permitting a visual inspection, require the person be- ing searched to do any or all of the following: (i) (ii) (iii) (iv) open his or her mouth: display the palms of his or her hands: display the soles of his or her feet: lift or rub his or her hair.
86 (1) Things that can be done to facilitate rub-down search For the purpose of facilitating any of the actions referred to in any of para- graphs (a) to (c) of section 85(2), the person conducting a rub-down search may require the person being searched— (a) to remove, raise, lower, or open any outer clothing (including (without limitation) any coat, jacket, jumper, or cardigan) being worn by the per- son being searched, except where that person has no other clothing, or only underclothing, under that outer clothing; and (b) to remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person.
(2) A rub-down search of a person may include searching— (a) (b) (c) any item carried by, or in the possession of, the person; and any outer clothing removed, raised, lowered, or opened for the purposes of the search; and any head covering, gloves, or footwear (including socks or stockings) re- moved for the purposes of the search.
87 Rub-down search may include visual examination A rub-down search may include a visual examination (whether or not facili- tated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but must not include the insertion of any instrument, de- vice, or thing into any of those orifices.

88 Warrantless search of arrested or detained person (1) A person to whom this subpart applies may, in the circumstances set out in sub- section (2), carry out a search of a person.
(2) The circumstances are that the person to whom this subpart applies has reason- able grounds to believe that there is any thing on or carried by a person who is arrested or detained under a statutory power of detention that— (a) may be used to harm any person; or (b) may be used to facilitate the person’s escape; or (c) is evidential material relating to the offence in respect of which the arrest is made or the person is detained.
60 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 89 Part 4 General provisions in relation to search, surveillance, and inspection powers Subpart 1—Application of rules in this Part, and consent searches Application of rules 89 (1) Application of this Part This Part, so far as applicable and subject to any contrary provisions, applies in respect of matters provided in Parts 2 and 3, in respect of each of the following: (a) (b) (c) (d) powers conferred on the Police by Part 2: search warrants and examination orders applied for, issued, or made under Part 2: powers conferred on enforcement officers by Part 3: surveillance device warrants, declaratory orders, and production orders applied for, issued, or made under Part 3: (e) any other matter provided for in Part 2 or 3.
(2) This Part also applies in respect of powers conferred by— (3) (4) (5) (6) (a) (b) the enactments listed in column 2 of the Schedule, to the extent identi- fied in column 4 of the Schedule: any other enactment, to the extent that the other enactment expressly ap- plies any provisions in this Part.

To the extent of any inconsistency between the Schedule and any other enact- ment, the other enactment prevails.
Column 3 of the Schedule does not limit, or affect the interpretation of, any en- actment described in that column.
If any provision in this Part applies (because of subsection (2)) in respect of any warrant or any power that authorises entry and inspection, or entry and examination, every reference in that provision to a search must, in relation to that warrant and its execution, or in relation to that power and its exercise, be read instead, as the case requires, as a reference to an inspection, or a power of inspection, or an examination, or a power of examination.
If any provision in this Part applies (because of subsection (2)) in respect of any warrant that may be issued, or any power of entry, search, inspection, or examination that may be exercised, by reason of a contravention other than an offence, every reference in that provision to an offence must, in relation to the warrant and its execution, or to the power and its exercise, be read instead as a reference to such a contravention.
61 Part 4 s 90 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 90 Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc (1) Any duty imposed on an enforcement officer under this Part may be carried out instead by an enforcement officer employed or engaged by the same law en- forcement agency as the other enforcement officer.
(2) (3) Subsection (3) applies if any thing is seized by or produced to a person em- ployed or engaged by any law enforcement agency and the thing is then trans- ferred to another law enforcement agency for the purposes of investigation, prosecution, or forfeiture.
If this subsection applies, the obligations imposed by this Part on any law en- forcement agency or any enforcement officer engaged by that agency must, after the transfer of the thing referred to in subsection (2), be carried out by the law enforcement agency to which the thing is transferred or by an enforcement officer employed by that agency.

(4) Subsection (3) is subject to any contrary provisions in any other enactment.
Subpart 2—Consent searches 91 Application of rules about consent searches Sections 92 to 95 apply in respect of consent searches undertaken by an en- forcement officer in circumstances where a power of search by an enforcement officer to which this Part applies or any provisions of this Part apply (whether a warrantless power or a power able to be conferred by a search warrant) could be exercised if the officer held a particular belief or suspicion.
92 Purposes for which consent search may be undertaken An enforcement officer may ask a person to consent to undergo a search or to consent to a search being made of a place, vehicle, or other thing apparently in the control of the person, if the enforcement officer wishes to conduct the search for 1 or more of the following purposes: (a) (b) (c) (d) to prevent the commission of an offence: to protect life or property, or to prevent injury or harm: to investigate whether an offence has been committed: any purpose in respect of which the enforcement officer could exercise a power of search conferred by an enactment, if he or she held a particular belief or suspicion specified in the enactment.
93 Advice that must be given before consent search undertaken Before conducting a search by consent, the enforcement officer who proposes to conduct it must— (a) determine that the search is for a purpose authorised by section 92; and 62 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 97 (b) (c) advise the person from whom consent is sought of the reason for the pro- posed search; and advise the person that he or she may either consent to the search or re- fuse to consent to the search.
94 Circumstances where search by consent unlawful A search by consent is unlawful if— (a) (b) (c) it is not for a purpose set out in section 92; or the enforcement officer fails to comply with section 93(a), (b), or (c); or the search is undertaken in reliance on a consent given by a person who does not have authority to give that consent.
95 Ability of persons under 14 years to consent to searches of places, vehicles, or other things (1) A person under 14 years of age is unable to consent to the search of a place, vehicle, or other thing.

(2) Subsection (1) does not apply to a person under 14 years of age who is found driving a vehicle with no passenger of or over the age of 14 years with authori- ty to consent to the search of the vehicle.
96 Exceptions to consent search rules Sections 92 to 95 do not— (a) (b) apply to a search conducted as a condition of entry to any public or pri- vate place; or apply to a search conducted in accordance with a power conferred by an enactment; or (c) affect the rule of law relating to the implied licence to enter property.
Subpart 3—Search warrants 97 Interpretation In this subpart, unless the context otherwise requires,— applicant, in relation to any provision in this subpart, means any of the follow- ing persons: (a) (b) a constable: any other person authorised to apply for a search warrant by this Act or any enactment specified in column 2 of the Schedule to which that pro- vision applies thing includes an intangible thing (for example, an email address or access in- formation to an Internet data storage facility).
63 Part 4 s 98 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Application for search warrant 98 Application for search warrant (1) An application for a search warrant must contain, in reasonable detail, the fol- lowing particulars: (a) (b) (c) (d) (e) (f) (g) the name of the applicant: the provision authorising the making of the application: the grounds on which the application is made (including the reasons why the legal requirements for issuing the warrant are believed by the appli- cant to be satisfied): the address or other description of the place, vehicle, or other thing pro- posed to be entered, or entered and searched, inspected, or examined: a description of the item or items or other evidential material believed to be in or on the place, vehicle, or other thing that are sought by the appli- cant: the period for which the warrant is sought: if the applicant wants to be able to execute the warrant on more than 1 occasion, the grounds on which execution on more than 1 occasion is be- lieved to be necessary.
(2) The issuing officer— (a) may require the applicant to supply further information concerning the grounds on which the search warrant is sought; but (b) must not, in any circumstances, require the applicant to disclose the name, address, or any other identifying detail of an informant unless, and only to the extent that, such information is necessary for the issuing offi- cer to assess either or both of the following: (i) the credibility of the informant: (ii) whether there is a proper basis for issuing the warrant.
(3) The applicant must disclose in the application— (a) details of any other application for a search warrant that the applicant knows to have been made within the previous 3 months in respect of the place, vehicle, or other thing proposed to be searched; and (b) the result of that application or those applications.
The applicant must, before making an application for a search warrant, make reasonable inquiries within the law enforcement agency in which the applicant is employed or engaged, for the purpose of complying with subsection (3).
The issuing officer may authorise the search warrant to be executed on more than 1 occasion during the period in which the warrant is in force if he or she is (4) (5) 64 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 100 satisfied that this is required for the purposes for which the warrant is being issued.
99 Application must be verified An application for a search warrant must contain or be accompanied by a state- ment by the applicant confirming the truth and accuracy of the contents of the application.

100 Mode of application for search warrant (1) An application for a search warrant— (a) must be in writing, unless subsection (3) applies; and (b) may be transmitted to the issuing officer electronically.
(2) The applicant must appear in person before, or communicate orally with, the issuing officer, unless subsection (4) applies.
(3) An issuing officer may allow an application for a search warrant to be made orally (for example, by telephone call) or by personal appearance and excuse the applicant from putting all or any part of the application (including any re- quired material) in writing if— (a) (b) the issuing officer is satisfied that the delay that would be caused by re- quiring an applicant to put all or any part of the application (including any required material) in writing would compromise the effectiveness of the search; and the issuing officer is satisfied that the question of whether the warrant should be issued can properly be determined on the basis of an oral com- munication or a personal appearance (together with the material de- scribed in paragraph (c)); and (c) the information required by section 98(1) to (3) is supplied (whether orally, or partly orally and partly in writing) to the issuing officer.
(4) An issuing officer may allow an application for a search warrant to be made without either an appearance in person or an oral communication with the issu- ing officer if— (a) (b) (c) the issuing officer is satisfied that the question of whether the search warrant should be issued can properly be determined on the basis of any written communication by the applicant (including the material de- scribed in paragraph (b)); and the information required by section 98(1) to (3) has been supplied to the issuing officer; and the issuing officer is satisfied that there is no need to ask any questions of, or seek any further information from, the applicant.
65 Part 4 s 101 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (5) An issuing officer who allows an application for a search warrant to be made under subsection (3) must record the grounds for the application as soon as practicable.
101 Retention of documents (1) A copy (whether in electronic form or otherwise) of every written application for a search warrant, or (in the case of an oral application) the record of the application made by the issuing officer, must be retained under the control of the Registrar of the office of the District Court at which, or under the control of the Registrar of the office of the District Court that is closest to the place at which, the application was made, until,— (a) (b) in a case where a search warrant is issued, the completion of any pro- ceedings in respect of which the validity of the warrant may be in issue; or in any other case, the expiry of 2 years after the records were first re- tained under the control of the Registrar of the District Court.
(2) An applicant to whom a search warrant is issued must retain (whether in elec- tronic form or otherwise) the warrant, a copy of the application (if made in written form), copies of all documents tendered by the applicant in support of the application, and a copy of any search warrant report referred to in section 104 that is required to be prepared, until the later of the following dates: (a) (b) the date of completion of any proceedings in respect of which the valid- ity of the warrant may be in issue: the date of destruction or transfer of the warrant and other documents under the Public Records Act 2005 or any other enactment or rule of law.
Section 101(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 101(1)(b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Issuing of search warrant 102 Restrictions on issue of search warrant An issuing officer must not issue a warrant to seize any thing held by a lawyer that is a communication of a kind to which legal professional privilege normal- ly applies, unless the issuing officer is satisfied that there is a prima facie case that the thing was made, or received, or compiled, or prepared— (a) (b) for a dishonest purpose; or for the purpose of planning to commit or committing an offence.
103 Form and content of search warrant (1) Every search warrant issued must be in the prescribed form, if any.

66 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 103 (2) Every search warrant issued must be directed to every enforcement officer who has authority to execute the warrant.
(3) A search warrant may be— (a) executed by— (i) (ii) any or all of the persons to whom it is directed; or any constable (whether or not the warrant is directed to that con- stable or to every constable): (b) subject to any conditions specified in the warrant that the issuing officer considers reasonable, including (without limitation)— (i) (ii) any restriction on the time of execution that is reasonable: a condition that the occupier or person in charge of a place must provide reasonable assistance to a person executing the warrant if, in the absence of such assistance, it would not be practical to exe- cute the warrant without undue delay: (c) executed only once, unless execution on more than 1 occasion has been authorised.
(4) Every search warrant must contain, in reasonable detail, the following particu- lars: (a) (b) (c) (d) (e) (f) (g) (h) the name or other individual designation of the issuing officer and the date of issue: the provision or provisions authorising the issue of the warrant (includ- ing, where relevant, the suspected offence or offences): that the person executing the warrant may use any assistance that is reasonable in the circumstances: that any person authorised to do so may execute the warrant: that the person executing the warrant may use any force, if authorised by this Act or any other enactment, that is reasonable in the circumstances to enter or break open or access any area within the place, vehicle, or other thing being searched, or the thing found: the address or description of the place, vehicle, or other thing that may be entered, or entered and searched, inspected, or examined: a description of what may be seized: the period during which the warrant may be executed, being— (i) (ii) a period specified by the issuing officer not exceeding 14 days from the date of issue; or if the issuing officer is satisfied that a period of longer than 14 days is necessary for execution, a period specified by the issuing officer not exceeding 30 days from the date of issue: (i) any conditions specified by the issuing officer under subsection (3)(b): 67 Part 4 s 104 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (j) (k) if the warrant may be executed on more than 1 occasion, the number of times that the warrant may be executed: if the warrant is intended to authorise a remote access search (for ex- ample, a search of a thing such as an Internet data storage facility that is not situated at a physical location) the access information that identifies the thing to be searched remotely: (l) an explanation of the availability of relevant privileges and an outline of how any of those privileges may be claimed (where applicable): (m) a statement that,— (i) (ii) in the case of a search under a search
 warrant issued in relation to offences under the Misuse of Drugs Act 1975, any person found in the place or vehicle to be searched may also be searched; or in the case of any other search authorised by this Act or any enact- ment specified in column 2 of the Schedule to which section 119 applies, any person found in the place or vehicle to be searched may be searched if there are reasonable grounds to believe that an item being searched for is on that person.
(5) A search warrant may authorise the search of more than 1 place, vehicle, or thing.

(6) An issuing officer may not issue a search warrant authorising the remote access search of a thing unless he or she is satisfied that the thing is not located at a physical address that a person can enter and search.

(7) A person is not required, as a consequence of a condition imposed under sub- section (3)(b)(ii), to give any information tending to incriminate the person.
104 Issuing officer may require search warrant report (1) An issuing officer may impose a condition under section 103(3)(b) requiring the employer of any person to whom a search warrant is issued to provide that issuing officer with a search warrant report within a specified period.
(2) A search warrant report must contain the following information: (a) whether the search warrant was executed: (b) whether the execution of the search warrant resulted in the seizure of evidential material, and, if so, whether that material was material— (i) (ii) (iii) specified in the search warrant; or seized under section 123; or some of which was specified in the warrant and some of which was seized under section 123: (c) whether any other powers exercised in conjunction with the execution of the warrant resulted in the seizure of evidential material: 68 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 108 (d) whether any criminal proceedings have been brought, or are under con- sideration, that relate to any evidential material seized.
105 Transmission of search warrant If it is not possible or practicable for the person charged with executing the warrant to have it in his or her possession at the time of execution, one of the following documents (which is deemed for all legal purposes to constitute the warrant) may be executed: (a) (b) a facsimile, or a printout of an electronically generated copy, of a war- rant issued by the issuing officer: a copy made by the person to whom the warrant is directed, at the direc- tion of the issuing officer and endorsed to that effect.
106 When search warrant executed A search warrant is executed when the person executing the warrant and any person assisting in the execution of the warrant— (a) (b) has seized all the items specified in the warrant; or leaves the place, vehicle, or other thing being searched and does not re- turn within 4 hours.
107 When search warrant invalid (1) A search warrant is invalid— (a) (b) if, having regard to the information contained in the application, the grounds or conditions for lawful issue of a warrant set out in section 6 or, if applicable, the relevant enactment specified in column 2 of the Schedule to which this section applies were not satisfied at the time the search warrant was issued: if the warrant contains a defect, irregularity, omission, or want of form that is likely to mislead anyone executing or affected by the warrant as to its purpose or scope.
(2) If a warrant is invalid under this section, neither section 204 of the Summary Proceedings Act 1957 nor section 379 of the Criminal Procedure Act 2011 ap- plies to that warrant.

108 Authorisation of issuing officers (1) (2) (3) The Attorney-General may authorise any Justice of the Peace, Community Magistrate, Registrar, Deputy Registrar, or other person to act as an issuing of- ficer for a term, not exceeding 3 years, specified in the notice of authorisation.
The Attorney-General may not authorise an enforcement officer to act as an is- suing officer.

The Attorney-General may not authorise any Justice of the Peace, Community Magistrate, Registrar, Deputy Registrar, or other person to act as an issuing of- 69 Part 4 s 109 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 ficer unless the Attorney-General is satisfied that the person has sufficient knowledge, skill, and experience to act as an issuing officer.
The Attorney-General may from time to time renew an authorisation granted under subsection (1) for a further term not exceeding 3 years specified in the notice of renewal.

The Attorney-General may remove an issuing officer, other than a Judge, from office for neglect of duty, inability to perform the duties of office, bankruptcy, or misconduct, proved to the satisfaction of the Attorney-General.

The Attorney-General must remove an issuing officer if he or she becomes an enforcement officer.
(4) (5) (6) (7) Any issuing officer (other than a Judge) may at any time resign the office of issuing officer by notice in writing addressed to the Attorney-General.

109 Limitation on jurisdiction of certain issuing officers An issuing officer who is employed or engaged by a law enforcement agency must not consider, or perform any function in relation to, any application made by a law enforcement officer employed or engaged by the same law enforce- ment agency as the issuing officer.
Subpart 4—Carrying out search powers 110 Search powers Every search power authorises the person exercising it— (a) (b) (c) (d) (e) (f) to enter and search the place, vehicle, or other thing that the person is authorised to enter and search, and any item or items found in that place or vehicle or thing, at any time that is reasonable: to request any person to assist with the entry and search (including, with- out limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi): to use any force in respect of any property that is reasonable for the pur- poses of carrying out the search and any lawful seizure: to seize anything that is the subject of the search or anything else that may be lawfully seized: to bring and use in or on the place, vehicle, or other thing searched any equipment, to use any equipment found on the place, vehicle, or other thing, and to extract any electricity from the place, vehicle, or other thing to operate the equipment that it is reasonable to use in the circum- stances, for the purposes of carrying out the entry and search: to bring and use in or on the place, vehicle, or other thing searched a dog (being a dog that is trained to undertake searching for law enforcement purposes and that is under the control of its usual handler): 70 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 113 (g) (h) (i) (j) to copy any document, or part of a document, that may lawfully be seized: to use any reasonable measures to access a computer system or other da- ta storage device located (in whole or in part) at the place, vehicle, or other thing if any intangible material that is the subject of the search may be in that computer system or other device: if any intangible material accessed under paragraph (h) is the subject of the search or may otherwise be lawfully seized, to copy that material (in- cluding by means of previewing, cloning, or other forensic methods either before or after removal for examination): to take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing searched, and of any thing found in or on that place, vehicle, or other thing, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video re- cordings or drawings may be relevant to the purposes of the entry and search.
111 Remote access search of thing authorised by warrant Every person executing a search warrant authorising a remote access search may— (a) (b) use reasonable measures to gain access to the thing to be searched; and if any intangible material in the thing is the subject of the search or may otherwise be lawfully seized, copy that material (including by means of previewing, cloning, or other forensic methods).
112 Items of uncertain status may be seized If a person exercising a search power is uncertain whether any item found may lawfully be seized, and it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place, the person exercising the search power may remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.
113 Powers of persons called to assist (1) Every person called on to assist a person exercising a search power is subject to the control of the person with overall responsibility for exercising that power.
(2) Every person called on to assist a person exercising a search power may— (a) enter the place, vehicle, or other thing to be searched: (b) while under the direction of the person exercising the power, use reason- able force in respect of any property for the purposes of carrying out the entry and search and any lawful seizure: (c) search areas within the place, vehicle, or other thing that the person exer- cising the power has determined may lawfully be searched: 71 Part 4 s 114 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (d) (e) (f) (g) (h) (i) (j) seize anything that is the subject of the search or anything else that may be lawfully seized: take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing, and things found in or on the place, vehicle, or other thing, if the person exercising the power has determined that those things may be lawfully taken: bring into or onto the place, vehicle, or other thing searched and use any equipment, make use of any equipment found in or on the place or in the vehicle or other thing, or extract electricity from the place, vehicle, or other thing for the purposes of operating the equipment that the person exercising the power has determined may be lawfully used: bring in and use in or on the place, vehicle, or other thing searched a dog (being a dog that is trained to undertake searching for law enforcement purposes and that is under the control of its usual handler): use any reasonable measures to access a computer system or other data storage device located (in whole or in part) at the place, vehicle, or other thing if any intangible material that is the subject of the search may be in that computer system or other device: if any intangible material accessed under paragraph (h) is the subject of the search or may otherwise be lawfully seized, to copy that material (in- cluding by means of previewing, cloning, or other forensic methods either before or after removal for examination): copy any document, or part of a document, that the person exercising the power has determined may be lawfully copied.
(3) If a constable is assisting another person exercising the search power, that con- stable may, without any direction or supervision by the person he or she is as- sisting, exercise any power ordinarily exercisable by that constable.

(4) The person exercising the search power must— (a) (b) accompany any assistant on the first occasion when the assistant enters the place, vehicle, or other thing to be searched; and provide such other supervision of any assistant as is reasonable in the circumstances.
(5) Subsection (4) does not apply if the assistant is a constable.
114 Powers of persons called to assist remote access search Every person called on to assist a person executing a search warrant author- ising a remote access search may— (a) (b) use reasonable measures to gain access to the thing to be searched; and if any intangible material in the thing is the subject of the search or may otherwise be lawfully seized, copy that material (including by means of previewing, cloning, or other forensic methods).
72 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 117 115 Limitation on exercise of powers (1) The powers conferred by sections 110 to 114 are subject to— (a) any conditions imposed under section 103(3)(b) by an issuing officer who issues a search warrant: (b) subpart 5 of this Part (which relates to privilege and confidentiality).
(2) The powers conferred by section 118(1) to detain a person may only be exer- cised by a person who has power to arrest the person to be detained— (a) (b) for a suspected offence to which the search relates; or for a suspected offence to which evidential material that is discovered in the course of the search relates.

(3) To avoid doubt, the powers conferred by sections 110(c) and 113(2)(b) do not authorise the application of force to any person.
Giving directions 116 (1) Securing place, vehicle, or other thing to be searched The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,— (a) (b) secure the place, vehicle, or other thing searched, any area in or on that place, vehicle, or other thing, or any thing found in or on that place, vehicle, or other thing: exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.
(2) A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,— (a) (b) identify himself or herself either by name or by unique identifier; and state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impractic- able to do so in the circumstances; and (c) if not in Police uniform, produce evidence of his or her identity.
Establishing search scene 117 (1) Special powers where application for search warrant pending If an application for a search warrant is about to be made or has been made and has not yet been granted or refused by an issuing officer, an enforcement offi- cer present at the place or vehicle that is or is to be the subject of the applica- tion may, if authorised by subsection (2),— 73 Part 4 s 118 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (a) (b) enter and secure the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought, and secure any item or items found at that place or in or on that vehicle or other thing, at any time that is reasonable in the circumstances: direct any person to assist with the entry and securing of the place or vehicle or other thing or the securing of items in it (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi).
(2) The powers conferred by subsection (1) may be exercised if the enforcement officer has reasonable grounds to believe that evidential material may be de- stroyed, concealed, altered, damaged, or removed before a decision is taken to grant or refuse the issue of a search warrant.
(3) The powers conferred by subsection (1) may be exercised until the first of the following occurs: (a) (b) the expiry of 6 hours from when the power is first exercised: the warrant is available for execution at that place or vehicle or in re- spect of that other thing: (c) the application for a search warrant is refused.
(4) A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,— (a) (b) identify himself or herself either by name or by unique identifier; and state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impractic- able to do so in the circumstances; and (c) if not in Police uniform, produce evidence of his or her identity.
Detention of person at search scene 118 Powers of detention incidental to powers to search places and vehicles (1) If any constable or other person, or a person assisting any constable or other person, exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any con- nection between a person at the place or in or on the vehicle and the object of the search, detain any person— (a) who is at the place or in or on the vehicle at the commencement of the search; or (b) who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.
(2) A person may be detained under subsection (1) for any period that is reason- able, but not for longer than the duration of the search.
74 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 120 (3) A detention of any person commences under subsection (1) when the constable or other person exercising the search power directs that person to remain at the place or in or on the vehicle and ends when that person is told by the constable or other person, or a person assisting the constable or other person, exercising the search power that he or she is free to leave the place or vehicle.
(4) (5) Reasonable force may be used for the purpose of effecting and continuing any detention under subsection (1).

For the purposes of subsection (1), other person means a person to whom sec- tion 115(2) applies.
Powers of search incidental to powers of arrest 119 Powers of search by person who has power of arrest (1) (2) If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get onto the vehicle, if the person conducting the search has reasonable grounds to believe that evidential material that is the object of the search is on that person.
If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get into or onto the vehicle, if the person conducting the search— (a) has reasonable grounds to suspect that the person is in possession of a dangerous item that poses a threat to safety; and (b) believes that immediate action is needed to address that threat.
(3) If any item referred to in subsection (2)(a) is seized, it must, unless possession of the item constitutes an offence, be returned to the person from whom it was taken either— (a) once the search has been completed; or (b) when the person who conducted the search is satisfied that there is no longer any threat to safety.
120 Powers of search when suspect pursued (1) If any person who may exercise a power of arrest intends to conduct a search of a person or vehicle, but that person or vehicle leaves before the search is undertaken or completed, the person who intended to conduct the search may,— (a) (b) on apprehending the person or vehicle, search the person or vehicle; and enter any place for the purpose of apprehending the person or vehicle.
(2) A person may not exercise the powers conferred by subsection (1)(a) or (b) un- less— 75 Part 4 s 121 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (a) (b) the person was freshly pursuing the person to be searched from the loca- tion of the intended search when the person was apprehended; and the person intending to conduct the search has reasonable grounds to be- lieve that relevant evidential material is still on the person who is to be searched or in or on the vehicle.
Stopping vehicles with or without warrant for purposes of search 121 Stopping vehicles with or without warrant for purposes of search (1) An enforcement officer may stop a vehicle to conduct a search under a power to search without a warrant conferred on that officer by this Act or any enact- ment specified in column 2 of the Schedule to which this section applies if he or she is satisfied that he or she has grounds to search the vehicle.
(2) An enforcement officer may stop a vehicle to conduct a search under a power to search with a warrant issued under this Act or any enactment specified in column 2 of the Schedule to which this section applies if he or she is satisfied that the warrant has been issued and is in force.
(3) A person who exercises a power under this section must, on the request of any person affected by the exercise of the power,— (a) (b) identify himself or herself either by name or by unique identifier; and state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impractic- able to do so in the circumstances; and (c) if not in Police uniform, produce evidence of his or her identity.
Moving vehicle for safekeeping and other purposes 122 Moving vehicles for purpose of search or safekeeping (1) An enforcement officer may move a vehicle to another place if he or she finds or stops the vehicle and has lawful authority to search the vehicle, but it is impracticable to do so at that place.
(2) An enforcement officer who has the power to arrest persons may move a vehicle to another place if he or she finds or stops the vehicle and has reason- able grounds to believe that it is necessary to move the vehicle for safekeeping.
Seizure of items in plain view 123 Seizure of items in plain view (1) This section applies to an enforcement officer who, as part of his or her duties,— (a) (b) exercises a search power; or is lawfully in any place or in or on a vehicle; or 76 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 125 (c) is conducting a lawful search of a person.
(2) An enforcement officer to whom this section applies may seize any item or items that he or she, or any person assisting him or her, finds in the course of carrying out the search or as a result of observations at the place or in or on the vehicle, if the enforcement officer has reasonable grounds to believe that he or she could have seized the item or items under— (a) (b) any search warrant that could have been obtained by him or her under this Act or any other enactment; or any other search power exercisable by him or her under this Act or any other enactment.
(3) If an enforcement officer seizes any item or items under subsection (2), in cir- cumstances where he or she is not already exercising a search power, the en- forcement officer may exercise any applicable power conferred by section 110 in relation to the seizure of the item or items.
Search of persons 124 Internal searches generally prohibited (1) Unless authorised by another enactment, an enforcement officer must not con- duct an internal search of any part of the body of any person, except for, with the person’s consent, searching the person’s mouth.
(2) A constable must not require any other person to conduct an internal search of any part of the body of any person, except as provided in section 23 (which re- lates to internal searches in some circumstances of people under arrest for offences against the Misuse of Drugs Act 1975).

(3) This section does not limit or affect sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.
125 Special rules about searching persons (1) If a person exercises a power to search a person, the person exercising the power— (a) must identify himself or herself either by name or unique identifier; and (b) must state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and (c) if not in Police uniform, must produce evidence of his or her identity; and (d) may detain the person to enable the search to be carried out (whether at the place of initial detention or while the person is travelling to or is at any other place where the search is carried out), but only for as long as is necessary to achieve that purpose; and 77 Part 4 s 125 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (e) may use any force that is reasonable for the purposes of the search; and (f) may, in conducting the search, use any equipment or aid to facilitate the search, if it is used in a way that— (i) (ii) involves no or minimal contact; and is reasonable in the circumstances; and (g) may, if he or she considers that either or both of the following are in the interests of the person to be searched, request: (i) (ii) the assistance of a medical practitioner or nurse: the assistance of a parent, guardian, or other person for the time being responsible for the day-to-day care of the person to be searched; and (h) if the search is to be a strip search, may request the assistance of another enforcement officer (whether or not employed or engaged in the same or a different law enforcement agency) who is— (i) authorised under any other enactment to conduct strip searches; and (ii) of the same sex as the person to be searched; and (i) may search any item that— (i) (ii) the person is wearing or carrying; or is in the person’s physical possession or immediate control; and (j) may seize any thing carried by the person or in the physical possession or immediate control of the person being searched if that thing
 is the subject of the search or may otherwise be lawfully seized; and (k) may copy any document, or part of a document, carried by the person or in the physical possession or immediate control of the person being searched if that document is the subject of the search or may otherwise be lawfully seized; and (l) (m) may use any reasonable measures to access a computer system or other data storage device, that the person being searched is carrying or that is in the person’s physical possession or immediate control, if any intan- gible material that is the subject of the search may be in that computer system or other device; and if any intangible material accessed under paragraph (l) is the subject of the search or may otherwise be lawfully seized, may copy that material (including by means of previewing, cloning, or other forensic methods either before or after removal for examination); and (n) may take photographs, sound and video recordings, and drawings of any thing carried or in the physical possession or immediate control of the person if the person exercising the power has reasonable grounds to be- 78 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 127 lieve that the photographs or sound or video recordings or drawings may be relevant to the purposes of the search.
(2) Subsection (1)(a), (b), and (c) do not apply in respect of a search conducted under section 11(3).

(3) A person who carries out a strip search, rub-down search, or any other personal search must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the degree of privacy and dignity that is consistent with achieving the purpose of the search.
(4) If a person exercises a power to search a person, or searches a person with his or her consent, the person exercising the power must ensure that an inventory of any items seized as a result of the search is prepared promptly and that a copy is given to the person searched.

(5) Nothing in subsection (1)(f) permits a person carrying out a rub-down search under sections 85 to 87 (rub-down search of arrested or detained person) to car- ry out a more intrusive search than is described in those sections.
126 Guidelines and rules about use of strip searching (1) (2) The chief executive of a law enforcement agency that employs persons who may exercise a power, under an enactment, to search a person must issue guidelines to those employees concerning the circumstances (if any) under which a strip search may be conducted by any of those employees.
The chief executive of a law enforcement agency who issues guidelines under subsection (1) must ensure that a copy of those guidelines is publicly available on the agency’s Internet site.

(3) A search of the person is not unlawful by reason only of failure by the person conducting the search to comply with a guideline issued under subsection (1).
(4) A strip search may be carried out only by a person of the same sex as the per- son to be searched, and no strip search may be carried out in view of any per- son who is not of the same sex as the person to be searched.
Search warrants to enter and search vehicles 127 Search warrants to enter and search vehicles If a search warrant is issued authorising the entry and search of a vehicle, the person executing the warrant may enter any place where the person has reason- able grounds to believe that the vehicle is for the purpose of locating it and searching it.
79 Part 4 s 128 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Duty to remain stopped 128 Duty to remain stopped If an enforcement officer exercises a power to stop or search a vehicle, the en- forcement officer may require the vehicle to remain stopped for as long as is reasonably necessary for the exercise of any powers in respect of— (a) (b) the vehicle; or the occupants of the vehicle.
Duty to provide information 129 Duty to provide information If an enforcement officer exercises a power to stop a vehicle, he or she must, immediately after stopping the vehicle,— (a) (b) (c) identify himself or herself to the driver of the vehicle, either by name or unique identifier; and state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impractic- able to do so in the circumstances; and if not in Police uniform, produce evidence of his or her identity if the driver requests proof of identity.
Computer system searches 130 Duty of persons with knowledge of computer system or other data storage devices or Internet site to assist access (1) A person exercising a search power in respect of any data held in a computer system or other data storage device may require a specified person to provide access information and other information or assistance that is reasonable and necessary to allow the person exercising the search power to access that data.
(2) A specified person may not be required under subsection (1) to give any infor- mation tending to incriminate the person.
(3) Subsection (2) does not prevent a person exercising a search power from re- quiring a specified person to provide information or providing assistance that is reasonable and necessary to allow the person exercising the search power to ac- cess data held in, or accessible from, a computer system or other data storage device that contains or may contain information tending to incriminate the spe- cified person.
(4) Subsections (2) and (3) are subject to subpart 5 of this Part (which relates to privilege and confidentiality).
(5) In this section,— specified person means— 80 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 131 (a) (b) a user of a computer system or other data storage device or an Internet site who has relevant knowledge of that system, device, or site; or a person who provides an Internet service or maintains an Internet site and who holds access information user, in relation to a computer system or other data storage device or an Inter- net site, means a person who— (a) (b) owns, leases, possesses, or controls the system, device, or site; or is entitled, by reason of an account or other arrangement, to access data on an Internet site; or (c) is an employee of a person described in paragraph (a) or (b).
Identification and notice 131 Identification and notice requirements for person exercising search power (other than remote access search) (1) A person exercising a search power (other than a remote access search) must,— (a) before initial entry into or onto the place or vehicle or other thing to be searched,— (i) (ii) (iii) announce his or her intention to enter and search the place, vehicle, or other thing under a statutory power; and identify himself or herself either by name or by unique identifier; and if not in Police uniform, produce evidence of his or her identity; and (b) before or on initial entry into or onto the place or vehicle, or other thing to be searched, provide the occupier of the place or the person in charge of the vehicle or other thing with— (i) (ii) a copy of the search warrant; or if the power is exercised without a warrant, the name of the enact- ment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances.
(2) The person exercising the search power is not required to comply with subsec- tion (1) if he or she has reasonable grounds to believe that— (a) no person is lawfully present in or on the place, vehicle, or other thing to be searched; or (b) compliance with subsection (1)(a) would— (i) (ii) endanger the safety of any person; or prejudice the successful exercise of the entry and search power; or 81 Part 4 s 131 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (iii) prejudice ongoing investigations.
(3) The person exercising the search power may use reasonable force in order to effect entry into or onto the place, vehicle, or other thing if— (a) (b) subsection (2) applies; or following a request, the person present refuses entry or does not allow entry within a reasonable time.
(4) If the occupier of a place is not present at any time during the search, or no person is in charge of the vehicle or other thing during the search, the person carrying out the search must,— (a) (b) on completion of the search, leave a copy of the notice referred to in subsection (5) and a copy of the search warrant (if applicable), in a prominent position at the place, or in or on the vehicle or other thing; or if this is not reasonably practicable, provide a copy of the notice referred to in subsection (5) and a copy of the search warrant (if applicable), to the occupier of the place or the owner of the vehicle or other thing no later than 7 days after the exercising of the power.
(5) The notice required by subsection (4) is a written notice containing the follow- ing particulars: (a) (b) (c) (d) (e) (f) the date and time of the commencement and completion of the search: the name or unique identifier of the person who had overall responsibil- ity for that search: where the power is exercised without a warrant, the name of the enact- ment under which the search is taking place and the reason for the search under that enactment: the address of the office to which inquiries should be made: if nothing is seized, the fact that nothing was seized: if anything was seized, the fact that seizure occurred and (if an inventory is not provided at the same time under sections 133 to 135) that an in- ventory of the things seized will be provided to the occupier of the place or person in charge of the vehicle or other thing no later than 7 days after the seizure.
(6) For the purposes of this section and sections 133 to 135,— (a) the following persons may not be treated as the occupier of the place or the person in charge of a vehicle or other thing: (i) (ii) any person who is under 14 years of age (unless section 95(2) ap- plies to that person): any person who the person executing the warrant has reasonable grounds to believe is not the occupier of the place or person in charge of the vehicle or other thing: 82 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 133 (b) every reference to a copy of the authority referred to in subsection (1)(b) means, in a case where a search is undertaken without a search warrant, written advice about the enactment that authorises the search.
(7) (8) (9) Subsections (4) and (5) are subject to sections 134 and 135.

This section does not apply to a remote access search.

For the purposes of this section, search includes an entry under section 7 or 8.
132 Identifications and notice requirements for remote access search (1) A person who conducts a remote access search must, on completion of the search, send an electronic message to the email address of the thing searched— (a) (b) attaching a copy of the search warrant; and setting out the following particulars: (i) (ii) the date and time of the commencement and completion of the search: the name and unique identifier of the person who had overall re- sponsibility for that search: (iii) the address of the office to which inquiries should be made.
(2) If the person conducting the search is unable to deliver the electronic message required by subsection (1) (or it is returned undelivered), the person must take all reasonable steps to identify the user of the thing searched and to send the information referred to in subsection (1)(a) and (b) to that person.
133 Inventory of items seized (1) The person who carries out a search must, at the time he or she seizes any thing, or as soon as practicable after the seizure of any thing, and in any case not later than 7 days after that seizure, provide to the occupier of the place, or the person in charge of the vehicle or other thing, from where the seizure took place, and to every other person who the person who carried out the search has reason to believe is the owner of the thing that was seized,— (a) (b) written notice specifying what was seized; and a copy of the authority referred to in section 131(1)(b).
(2) A written notice referred to in subsection (1)(a)— (a) must contain information about the extent to which a person from whom a thing was seized or the owner of the thing has a right to apply— (i) (ii) to have access to the thing; or to have access to any document relating to the application for a search warrant or the exercise of any other search power that led to the seizure; and (b) must contain information about the right to bring a claim that any privil- eged or confidential information has been seized; but 83 Part 4 s 134 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (c) need not be provided to the occupier of the place or person in charge of the vehicle or other thing from which the seizure took place, if the per- son who carries out the search is satisfied that none of the items seized are owned by that person.
If the occupier of the place or person in charge of the vehicle or other thing is not present at the time of seizure, a written notice referred to in subsection (1)(a) and a copy of the authority referred to in section 131(1)(b) may be provi- ded to that person by leaving the notice in a prominent position at the place, or in or on the vehicle or other thing.

Subsection (1) is subject to subsections (2) and (3).

This section is subject to sections 134 and 135.


(3) (4) (5) 134 Compliance with certain provisions may be deferred in certain circumstances (1) A person exercising a search power may apply to a Judge for a postponement of the obligation to comply with section 131(4) or (5) or 133 on the grounds that compliance would— (a) (b) endanger the safety of any person; or prejudice ongoing investigations.
(2) An application may be made under subsection (1),— (a) (b) in the case of an entry and search power that is a search warrant, at the time of the initial application or until the expiry of 7 days after the war- rant is finally executed; or in the case of any other entry and search power, until the expiry of 7 days after the search power is exercised.
(3) On an application under subsection (1), the Judge may postpone for a specified period not exceeding 12 months the obligation to comply with section 131(4) or (5) or 133, if the Judge is satisfied that there are reasonable grounds for be- lieving that compliance would— (a) (b) endanger the safety of any person; or prejudice ongoing investigations.
135 Further postponement of, or dispensation from, obligation to comply with certain provisions (1) A person who has obtained an order under section 134(3) may, before the expi- ry of that order, apply to a District Court Judge for a further postponement of, or dispensation from, the obligation to comply with section 131(4) or (5) or 133 on the grounds that compliance would— (a) (b) endanger the safety of any person; or prejudice ongoing investigations.
84 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 136 (2) An application for a further postponement may only be made on 1 occasion.
(3) On an application under subsection (1), the District Court Judge may postpone for a further specified period not exceeding 12 months, or order a permanent dispensation from, the obligation to comply with section 131(4) or (5) or 133 if the Judge is satisfied that compliance would— (a) (b) endanger the safety of any person; or prejudice ongoing investigations.
(4) A District Court Judge may not grant, under subsection (3), any postponement of, or dispensation from, an obligation in respect of any thing that has been seized, unless the thing seized is— (a) (b) a copy or clone of any information taken or made; or a thing the possession of which by the person from whom it was seized is unlawful under New Zealand law (for example, a controlled drug that is found in the possession of a member of the public in circumstances in which possession by the person of the controlled drug is an offence against the Misuse of Drugs Act 1975).
Subpart 5—Privilege and confidentiality General 136 Recognition of privilege (1) The following privileges are recognised for the purposes of this subpart: (a) (b) (c) (d) (e) (f) (g) (h) legal professional privilege, to the extent that (under section 53(5) of the Evidence Act 2006) it forms part of the general law: privilege for communications with legal advisers (as described in section 54 of the Evidence Act 2006): privilege for preparatory materials for proceedings (as described in sec- tion 56 of the Evidence Act 2006): privilege for settlement negotiations or mediation (as described in sec- tion 57 of the Evidence Act 2006): privilege for communications with ministers of religion (as described in section 58 of the Evidence Act 2006): privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists (as described in section 59 of the Evidence Act 2006): to the extent provided in section 138, and only to that extent, any privil- ege against self-incrimination (as described in section 60 of the Evidence Act 2006): privilege for informers (as described in section 64 of the Evidence Act 2006): 85 Part 4 s 137 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (i) the rights conferred on a journalist under section 68 of the Evidence Act 2006 to protect certain sources.
(2) For the purposes of this subpart, no privilege applies in respect of any commu- nication or information if there is a prima facie case that the communication or information is made or received, or compiled or prepared,— (a) (b) for a dishonest purpose; or to enable or aid any person to commit or plan to commit what the person claiming the privilege knew, or ought reasonably to have known, to be an offence.
(3) For the purposes of this subpart, the appropriate court is,— (a) in any case that involves the applicability of the rights of journalists recognised by subsection (1)(i), the High Court: (b) in any other case, the District Court.
137 Lawyers’ trust accounts (1) Subsection (2) applies to documents that are books of account or accounting re- cords kept— (a) by a solicitor in relation to any trust account money that is subject to section 112 of the Lawyers and Conveyancers Act 2006; or (b) by a nominee company that— (i) (ii) is subject to practice rules made by the Council of the New Zea- land Law Society under section 96 of the Lawyers and Convey- ancers Act 2006; and is operated by a barrister and solicitor or an incorporated law firm as a nominee in respect of securities and documents of title held for clients.
(2) The application by section 136 of this Act of section 54 of the Evidence Act 2006 (which relates to the privilege for communications with legal advisers) does not prevent, limit, or affect— (a) (b) (c) the making of a production order, issuing of a search warrant, or exercise of any other search power in respect of a document to which this subsec- tion applies; or the obligation to comply with that production order, search warrant, or other search power in respect of a document to which this subsection ap- plies; or the admissibility, in a criminal proceeding for an offence described in the production order or search warrant or for an offence in respect of which any other search power was exercised, of any evidence that relates to the contents of a document obtained under the production order or search warrant, or as the result of the exercise of any other search power.
86 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 140 Examination orders and production orders 138 Privilege against self-incrimination (1) An examination order or a production order does not affect the privilege against self-incrimination that an individual may have under section 60 of the Evidence Act 2006.

(2) Any assertion of a privilege against self-incrimination must be based on section 60 of the Evidence Act 2006.
(3) (4) If any individual refuses to produce any information or document or to answer any question on the ground that it is a privileged communication under section 60 of the Evidence Act 2006, the Commissioner or other enforcement officer concerned may apply to a District Court Judge for an order determining wheth- er or not the claim of privilege is valid.
For the purposes of determining any application referred to in subsection (3), the individual must offer sufficient evidence to enable the District Court Judge to assess whether self-incrimination is reasonably likely if the individual pro- duced the information or the document or answered the question.

(5) Section 63 of the Evidence Act 2006 does not apply to an examination order or to a production order.
139 Other privileges (1) (2) If a person against whom an examination order or a production order is made could, in a criminal proceeding, assert a privilege recognised for the purposes of this subpart, the person is taken to have the same privilege in respect of either order.
If any person refuses to disclose any information on the ground that it is privil- eged under this section, the Commissioner or other enforcement officer con- cerned may apply to a Judge of the appropriate court for an order determining whether or not the claim of privilege is valid.

(3) For the purpose of determining any application, the Judge of the appropriate court may require the information or document to be produced to him or her.
(4) A Judge of the appropriate court must, on the application of the Commissioner or other enforcement officer, disallow a privilege claim under this section if the Judge is satisfied that the claim to privilege would, under section 67(1) of the Evidence Act 2006, be disallowed in a proceeding.
Surveillance 140 Effect of privilege on surveillance conducted under this Act (1) A person who makes a claim of privilege (being a privilege recognised by this subpart) in respect of any surveillance has the right— 87 Part 4 s 141 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (a) (b) to prevent, to the extent that it is reasonably practicable to do so, the sur- veillance under this Act of any communication or information to which the privilege would apply if it were sought to be disclosed in a proceed- ing, pending determination of the claim to privilege, and subsequently if the claim to privilege is upheld: if the claim to privilege is upheld, to require the destruction of any re- cord of any such communication or information, to the extent that this can be achieved without destruction of any record of any other commu- nication or information.
(2) A person who is undertaking surveillance authorised by this Act (whether under a surveillance device warrant or otherwise) must— (a) (b) take all reasonable steps to prevent the interception of any communica- tion or information to which a privilege recognised by this subpart would apply if the communication or information were sought to be dis- closed in a proceeding: destroy any record of a communication or information made as a conse- quence of the surveillance to which a privilege recognised by this sub- part would apply if the communication or information were sought to be disclosed in a proceeding, unless that is impossible or impracticable without destroying a record of information to which such a privilege does not apply.
(3) A person undertaking surveillance under this Act who is uncertain about whether this section applies to any information or communication or record of a communication or information may apply to a District Court Judge for an order determining whether— (a) (b) the communication or information can be the subject of surveillance; and any record of such communication or information is required to be de- stroyed under this section.
(4) (5) For the purposes of determining any application, the Judge of the appropriate court may require the record of the information or communication to be pro- duced to him or her.
If evidence of any communication or information recorded as a consequence of surveillance under this Act is evidence to which a privilege recognised under this subpart applies, that evidence is not admissible in any proceedings ex- cept— (a) (b) with the consent of the person entitled to waive that privilege; and if the court agrees to admit it.
141 Claims for privilege in respect of surveillance Any person who wishes to claim privilege in respect of any surveillance under this Act— 88 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 143 (a) must provide the person responsible for the surveillance with a particu- larised list of the matters in respect of which the privilege is claimed, as soon as practicable after the person claiming privilege becomes aware of the surveillance of the matters in respect of which privilege is claimed; and (b) if the matters in respect of which the privilege is claimed cannot be ad- equately particularised in accordance with paragraph (a), may apply to a Judge of the appropriate court for directions or relief.
Search warrants and other search powers 142 Effect of privilege on search warrants and search powers A person who makes a claim of privilege (being a privilege recognised by this subpart) in respect of any thing that is seized or sought to be seized has the right, in accordance with sections 143 to 148,— (a) (b) to prevent the search under this Act of any communication or informa- tion to which the privilege would apply if it were sought to be disclosed in a proceeding, pending determination of the claim to privilege, and subsequently if the claim to privilege is upheld: to require the return of a copy of, or access to, any such communication or information to the person if it is seized or secured by a person exercis- ing a search power, pending determination of the claim to privilege.
143 Search warrants that extend to lawyers’ premises or material held by lawyers (1) This section applies to the execution of a search warrant that authorises the search of materials held by a lawyer relating to a client.

(2) If this section applies, the search warrant may not be executed unless— (a) (b) the lawyer is present; or a representative of the lawyer is present.
(3) (4) If the person who is to execute the search warrant is unable to contact the law- yer or his or her representative, that person must instead contact the New Zea- land Law Society and request that a person be appointed by the Society to rep- resent the interests of the clients of the lawyer in relation to the search.
Before executing the search warrant, the person who is to execute it must give the lawyer or his or her representative, or any person appointed by the New Zealand Law Society under subsection (3),— (a) (b) the opportunity to claim privilege on behalf of the lawyer’s client; or the opportunity to make an interim claim of privilege if instructions have not been obtained from the client.
89 Part 4 s 144 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 144 Search warrant extending to certain other privileged materials (1) This section applies to the execution of a search warrant that authorises the search of professional material held by a minister of religion, medical practi- tioner, or clinical psychologist.
(2) If this section applies, the search warrant may not be executed unless— (a) the minister of religion, medical practitioner, or clinical psychologist is present; or (3) (4) (b) a representative of that person is present.
If the person who is to execute the search warrant is unable to contact the min- ister of religion, medical practitioner, or clinical psychologist, or his or her rep- resentative, that person must instead contact the church or professional body to whom the minister, medical practitioner, or clinical psychologist belongs and request the church or body to appoint a person to represent the interests of the parishioners, patients, or clients of the minister, medical practitioner or clinical psychologist, in relation to the search.
Before executing the search warrant, the person executing it must give the min- ister of religion, medical practitioner, or clinical psychologist, or his or her per- sonal representative, or the person appointed by the church or professional body under subsection (3),— (a) (b) the opportunity to claim privilege on behalf of parishioners, patients, or clients of the minister of religion, medical practitioner, or clinical psy- chologist; or the opportunity to make an interim claim of privilege if the minister, medical practitioner, or clinical psychologist, or his or her representative or person appointed under subsection (3) is unable to immediately con- tact the parishioners, patients, or clients.
145 Searches otherwise affecting privileged materials (1) This section applies if— (a) (b) a person executes a search warrant or exercises another search power; and he or she has reasonable grounds to believe that any thing discovered in the search may be the subject of a privilege recognised by this subpart.
(2) If this section applies, the person responsible for executing the search warrant or other person exercising the search power— (a) must provide any person who he or she believes may be able to claim a privilege recognised by this subpart a reasonable opportunity to claim it; and (b) may, if the person executing the search warrant or exercising the other search power is unable to identify or contact a person who may be able 90 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 147 to claim a privilege, or that person’s lawyer, within a reasonable period,— (i) (ii) apply to a Judge of the appropriate court for a determination as to the status of the thing; and do any thing necessary to enable that court to make that determin- ation.
146 Interim steps pending resolution of privilege claim If a person executing a search warrant or exercising another search power is unable, under section 142, 143, 144, or 145 to search a thing (whether as a re- sult of the requirements of any of those provisions, or because of a claim of privilege made in respect of the thing, or for any other reason), the person— (a) may— (i) (ii) (iii) secure the thing; and if the thing is intangible (for example, computer data), secure the thing by making a forensic copy; and deliver the thing, or a copy of it, to the appropriate court, to enable the determination of a claim to privilege by a Judge of that court; and (b) must supply the lawyer or other person who may or does claim privilege with a copy of, or access to, the secured thing; and (c) must not search the thing secured, unless no claim of privilege is made, or a claim of privilege is withdrawn, or the search is in accordance with the directions of the court determining the claim of privilege.
147 Claims for privilege for things seized or sought to be seized Any person who wishes to claim privilege in respect of any thing seized or sought to be seized by a person executing a search warrant or exercising anoth- er search power— (a) must provide the person responsible for executing the search warrant or exercising the other search power with a particularised list of the things in respect of which the privilege is claimed, as soon as practicable after being provided with the opportunity to claim privilege or being advised that a search is to be, or is being, or has been conducted, as the case re- quires; and (b) if the thing or things in respect of which the privilege is claimed cannot be adequately particularised in accordance with paragraph (a), may apply to a Judge of the appropriate court for directions or relief (with a copy of the thing provided under section 146(b)).
91 Part 4 s 148 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Admission of evidence generally 148 Admission of evidence (1) If a Judge of the appropriate court upholds a claim to privilege under section 138, 139, 140, 145, 146, or 147 in respect of any communication or informa- tion, the communication or information to which the privilege applies is not ad- missible in any proceedings arising from, or related to, the execution of the search warrant or exercise of the other search power or surveillance power or the carrying out of the examination order or production order, as the case re- quires.
(2) Subject to subsection (1), this subpart does not limit or affect the admissibility of any evidence, or the discretion of any court to admit or refuse to admit any evidence, in any proceedings.
Subpart 6—Procedures applying to seized or produced materials 149 Disposal of things seized or produced (1) If any thing is produced under a production order or is seized under a search warrant or under a search power conferred by this Act or an enactment speci- fied in column 2 of the Schedule to which this section applies, it must be dealt with in accordance with this subpart.
(2) However, this subpart is subject to— (a) (b) (c) section 13 (which deals with property taken from people locked up in Police custody); and subpart 5 of this Part (which relates to privilege and confidentiality); and any other enactment.
150 Certain things must be returned (1) A thing seized or produced must, if it is not required for investigative or evi- dential purposes, or unless it is liable to forfeiture to the Crown or any other person (whether by operation of law or by order of a court or otherwise), be— (a) returned to its owner or to the person entitled to possession; or (b) made the subject of an application under section 154; or (c) (d) disposed of under section 160 or 161(1); or destroyed if— (i) (ii) it is perishable and has become rotten or has otherwise deteriora- ted; or it is perishable and is likely to become rotten or perish before it can be dealt with under any of paragraphs (a) to (c) or section 163; or (iii) it is likely to pose a risk to public health.
92 Reprinted as at 28 September 2017 (2) Subsection (1)— Search and Surveillance Act 2012 Part 4 s 151 (a) does not affect the rights of retention conferred by section 161(2) or 162(1); and (b) is subject to section 163.
151 Custody of things seized or produced (1) A seized or produced thing may, if it is required for investigative or evidential purposes, or it is liable to forfeiture to the Crown or any other person (whether by operation of law or by order of a court or otherwise), be held in the custody of the person who exercised the search power or that person’s employer or an- other person acting on behalf of that person or any other person to whom the thing is transferred in accordance with section 90(2) (except while it is being used in evidence or is in the custody of any court) until the first of the follow- ing occurs: (a) (b) (c) (d) a decision is made not to bring proceedings for an offence in respect of which the thing was seized or produced: the thing is forfeited to the Crown or any other person under any enact- ment (whether by operation of law or by order of a court or otherwise): the thing is released under section 158 or 159: if proceedings for an offence have not been commenced before the date that is 6 months after the thing was seized or produced and a request has been made for the return of the thing, that date or the expiration of a later time ordered by a court under section 153: (e) in any case where proceedings are brought,— (i) (ii) the withdrawal or dismissal of the proceedings; or subject to sections 156 and 159, the completion of the proceed- ings: (f) the seized or produced thing is disposed of under section 160.
(2) Once the relevant event stated in subsection (1)(a) to (e) occurs, the person in whose custody the property is must immediately release the thing in his or her custody,— (a) in the case of a subsection (1)(a), (d), or (e) event, to the owner or to a person entitled to possession; or (b) in the case of any other event, in the manner required by this Act.
(3) However, if the thing is seized or produced in relation to more than 1 alleged offence, the person in whose custody the property is need not release the prop- erty until the first of the events described in subsection (1) has occurred in rela- tion to each and every alleged offence.

(4) This section is subject to sections 153 and 163.
93 Part 4 s 152 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 152 Copies of things seized or produced If a photograph or a copy of a seized or produced thing will be adequate for investigative or evidential purposes, the person who exercised the search power, or that person’s employer or another person acting on behalf of that per- son, may, at his or her discretion, return the thing to the owner or to a person entitled to possession.
153 Extension of time for holding thing seized or produced (1) If any person who seizes any thing, or to whom any thing is produced, or any other enforcement officer to whom the thing is transferred, wishes to hold it for a period exceeding 6 months in circumstances where no proceedings for an of- fence in respect of which the thing is relevant have yet been brought and a re- quest has been made for the return of the thing, the person may apply to the District Court for an extension of the time during which the thing may be held.
(2) On an application under subsection (1), the District Court may— (a) order an extension of time be granted to a specified date, to enable a de- termination to be made whether proceedings should be brought; or (b) decline to order an extension of time.
154 Disputed ownership of thing seized or produced (1) If a thing seized or produced is not to be produced in evidence but there is a dispute about its ownership or for any reason the person in whose custody it is, is uncertain as to to whom the thing should be returned (for example, because it is unclaimed), the person in whose custody the thing is may apply to the Dis- trict Court for directions as to the ownership or holding of the property.
(2) On an application under subsection (1), the District Court may— (a) (b) (c) order that the thing be destroyed or, if any other enactment so authorises, forfeited to the Crown: order that the thing be delivered to the person appearing to the court to be its owner entitled to possession of it: if the owner or person entitled to possession cannot be found, make any order with respect to its possession or sale the court thinks fit.
(3) If, after the making of an order under subsection (2) in relation to any property, an action is commenced against a Police employee or another enforcement offi- cer or the Crown or any law enforcement agency for the recovery of the thing or its value, the order and the delivery of the thing in accordance with the order may be given and must be received in evidence in bar of the action.
(4) However, no such order or delivery affects the right of any persons entitled by law to possession of the thing to recover the thing from any person or body (other than a person or body referred to in subsection (3)).
94 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 156 155 Seized or produced property forfeit to the Crown if ownership not established (1) A thing that is seized or produced is forfeited to the Crown if— (a) the owner or person entitled to possession of the thing is not established within 60 days after the date on which the thing was seized or produced; and (b) the thing— (i) (ii) is not, at the expiry of that period, still required for investigative or evidential purposes; and has not been disposed of or sold by order of the court within that period.
(2) For the purpose of trying to establish ownership of any thing to which this sec- tion applies, the person who has custody of the thing must (unless it is impos- sible or impracticable to make contact) advise the following people of the ef- fect of this section: (a) (b) (c) any person who produced the thing or from whom the thing was seized: the occupier or owner of the place or vehicle where the thing was before it was produced or seized: any other person who, in the opinion of the person in whose custody the thing is, may be affected by the forfeiture of the thing.
Rights of owners and others in relation to things seized or produced 156 Application for release of or access to things seized or produced (1) The persons described in subsection (2) may apply, by written notice, to the person in whose custody a seized or produced thing is for the release of or ac- cess to it at any time before proceedings are brought for an alleged offence in respect of which the thing was seized or produced.
(2) The persons are as follows: (a) (b) (c) the person who produced the thing or from whom the thing was seized: the owner or person entitled to possession of the seized or produced thing: any person with a legal or equitable interest in the seized or produced thing.

(3) The person in whose custody the seized or produced thing is may release the thing to the applicant or provide reasonable access to it.
(4) A person who receives an application for release of a thing, or access to it, may refuse that application on the ground that release of the thing or, as the case re- quires, access to it, is likely to prejudice the maintenance of the law.
(5) A release or provision of access to a thing may be— 95 Part 4 s 157 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (a) (b) unconditional; or under bond for a sum (with or without sureties), and on conditions, ac- ceptable to the person in whose custody the thing is.

(6) If any person refuses an application under subsection (1), he or she must in- form the applicant of the decision in writing.
157 Failure to comply with bond or conditions (1) If a person to whom a seized or produced thing is released or who is given ac- cess to it under section 156 fails to comply with any bond, surety, or condition imposed under subsection (5)(b) of that section,— (a) (b) the thing may be seized again, or required to be produced, or the ability to access the thing ended at the direction of the person who released it or provided access to it; and the person who released it or provided access to it may apply to the Dis- trict Court for an order for estreat of the bond.
(2) If any person applies for an order for estreat of the bond, the Registrar of the District Court must— (a) (b) fix a time and place for the hearing of the application; and not less than 7 days before the time fixed, cause to be served on every person bound by the bond a notice of the time and place for the hearing.
(3) If the District Court is satisfied that a condition of the bond has not been com- plied with, the court may make an order to estreat the bond— (a) (b) in the amount that it thinks fit; and to any person bound by the bond on whom notice is proved to have been served under subsection (2).

(4) An amount payable under subsection (3) is recoverable as if it were a fine.
158 Application to District Court for access to thing seized or produced (1) A person described in section 156(2) may apply to the District Court for access to any thing seized by a person exercising a search power or produced to any person under a production order if the person has made an application under section 156 and it— (a) (b) has been refused; or has been granted, but subject to conditions that the applicant does not ac- cept.
(2) The District Court may either— grant the application; or refuse it on the ground that allowing the person to have access to the thing or varying or cancelling the conditions concerned is likely to preju- dice the maintenance of the law.
(a) (b) 96 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 160 (3) The District Court may require sureties and impose conditions if it grants an application under subsection (2), and sections 156 and 157 apply with any necessary modifications.
159 Application to District Court for release of thing seized or produced (1) A person described in section 156(2) may apply to the District Court for the release of any thing seized by a person exercising a search power or produced to a person under a production order.
(2) The court may release the thing to the applicant if it is satisfied that it would be contrary to the interests of justice for the item to be retained in custody, having regard to— (a) (b) (c) the gravity of the alleged offence: any loss or damage to the applicant that is caused or likely to be caused by not returning the thing: the likely evidential value of the thing, having regard to any other evi- dence held by the law enforcement agency that employed or engaged the person who seized the thing or to whom the thing was produced: (d) whether the evidential value of the thing can be adequately preserved by means other than by keeping it.
(3) A court may require sureties and impose conditions on a release under subsec- tion (2), and sections 156 and 157 apply with any necessary modifications.

(4) This section is subject to any enactment that requires an amount of any kind to be paid before any seized thing may be returned.
160 Disposal of unlawful items (1) Subsection (2) applies if a thing is seized or produced, the possession of which by the person from whom it was seized or who was required to produce it is unlawful under New Zealand law (for example, a controlled drug that is found in the possession of a member of the public in circumstances in which posses- sion by the person of the controlled drug is an offence against the Misuse of Drugs Act 1975), and— (a) there is no mechanism provided for disposing of the thing or it has not been disposed of under any other enactment; and (b) no order has been made by a court as to its disposal.
(2) If this subsection applies, the person who seized the thing or to whom the thing was produced may destroy it if— (a) notice is given to the person from whom the thing was seized or who was required to produce the thing, and that person either— (i) (ii) consents to its destruction; or does not within 30 working days object to its destruction; or 97 Part 4 s 161 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (b) (c) the person to whom notice would otherwise be given under paragraph (a) cannot be located after reasonable inquiries have been made; or in a case where a person objects to the destruction of the thing within 30 working days of receiving a notice under paragraph (a) and any person applies to a court to determine the status of the thing, the court is satis- fied that the possession of the thing by the person from whom it was seized or who was required to produce it is unlawful under New Zealand law.
161 Disposal of forensic copies (1) A person who makes a forensic copy of any data held in a computer system or other data storage device must, if he or she determines that the data does not contain any evidential material, ensure that the forensic copy and any copies made from that copy are deleted, erased, or otherwise destroyed in a way that prevents retrieval of the copy or copies by any method.
(2) However, if an examination of the data shows that it contains a mixture of data that is evidential material and data that is not evidential material,— (a) (b) the forensic copy of the data and any copies made of that copy may be retained in their entirety; and that forensic copy and any copies made of that copy may continue to be searched, if such a search was authorised by the search power under which the data was seized and copied.
162 Other copies and generated material may be retained (1) Any thing made or generated by a person exercising a search or surveillance power (for example, photographs or audio or video recordings or copies of things) may be retained as part of the permanent records of the employer of the person who exercises the search or surveillance power.

(2) Subsection (1) is subject to sections 63 and 136, and any other enactment or rule of law.
163 Application to District Court to dispose of seized property (1) Any person who seizes any thing, or to whom any thing is produced, or any other enforcement officer to whom the thing is transferred, may apply to the District Court for an order that the thing be disposed of (by sale or otherwise) in the manner, and at a time, that the court may direct if,— (a) in the applicant’s opinion,— (i) (ii) the thing concerned is perishable or likely to deteriorate; or the cost of holding the thing is unreasonable having regard to its market value; and (b) the applicant has made reasonable efforts to advise the people described in section 156(2) of the intended application.
98 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 166 (2) The court may grant the order if it is satisfied that— (3) (4) (5) (a) (b) the thing is perishable or likely to deteriorate; or the cost to the applicant or his or her employer, or to any other person to whom the thing might be transferred, of holding it is unreasonable hav- ing regard to its market value.
The applicant or his or her employer must hold in custody any proceeds re- ceived from carrying out the order (less any deductions permitted under sub- section (4)) as if the proceeds were the seized property, and section 151(1) ap- plies accordingly, with any necessary modifications.
The deductions referred to in subsection (3) are, in a case in which the court orders that the thing be disposed of by sale, the costs of sale and any sums re- quired to be paid to a security holder or other person as a condition of the order for sale.

If the court refuses the order, the applicant or his or her employer or another person to whom the thing is transferred must continue to hold the thing until it is released in accordance with section 151(2).
Section 163(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Subpart 7—Immunities 164 Immunities of issuing officer An issuing officer who is not a Judge has the same immunities as a District Court Judge.
165 Immunities in relation to obtaining or execution of orders and warrants Every person is immune from civil or criminal liability— (a) (b) (c) for any act done in good faith in order to obtain an examination order, a production order, a search warrant, a surveillance device warrant, a de- claratory order, or other order referred to in this Act: for any act done in good faith that is covered by a declaratory order: for any act done in good faith in relation to the execution of an examin- ation order, a production order, a search warrant, a surveillance device warrant, or other order referred to in this Act, if the execution is carried out in a reasonable manner.
166 Other immunities in relation to exercise of entry, search, or surveillance powers (1) Every person is immune from civil and criminal liability for any act done in good faith in order to exercise an entry power, a search power, or a surveillance power if— (a) the power is exercised by that person in a reasonable manner; and 99 Part 4 s 167 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (2) (3) (b) the person believes on reasonable grounds that the preconditions for the exercise of that power have been satisfied.
Every person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner in order to assist a person to exercise an entry power, a search power, or a surveillance power, or in order to examine or analyse any thing that is seized.

In any civil proceeding in which a person asserts that he or she has an immun- ity under this section, the onus is on that person to prove those facts necessary to establish the basis of the claim.
167 Immunity of the Crown (1) (2) If any person is immune from civil liability under any of sections 164 to 166 in respect of anything done or omitted to be done, the Crown is also immune from civil liability in tort in respect of that person’s conduct.

For the purposes of this section, the Crown includes Crown entities and the Reserve Bank of New Zealand.
168 Relationship between sections 164 to 167 and other enactments If there is any inconsistency between any of sections 164 to 167 and the provi- sions of any other enactment conferring, regulating, or limiting a privilege or immunity, sections 164 to 167 prevail.
Subpart 8—Reporting 169 Reporting of exercise of powers within law enforcement agency (1) Any constable who exercises a warrantless entry power, search power, or sur- veillance power conferred by Part 2 or 3 of this Act must provide a written re- port on the exercise of that power to the Commissioner or a Police employee designated to receive reports of that kind by the Commissioner as soon as prac- ticable after the exercise of the power.
(2) Any person (other than a constable) who exercises a warrantless entry power, search power, or surveillance power conferred by this Act or by an enactment specified in column 2 of the Schedule must provide a written report on the ex- ercise of that power to an employee designated to receive reports of that kind by the chief executive of the law enforcement agency concerned as soon as is practicable after the exercise of the power.
(3) A report referred to in subsection (1) or (2) must— (a) (b) contain a short summary of the circumstances surrounding the exercise of the power, and the reason or reasons why the power needed to be exercised: state whether any evidential material was seized or obtained as a result of the exercise of the power: 100 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 170 (c) state whether any criminal proceedings have been brought or are being considered as a consequence of the seizure of that evidential material.
(4) This section does not require the provision of any report in respect of— (a) (b) (c) a rub-down search of a person under section 85 or 88 that is undertaken in conjunction with that person’s arrest or detention under any enact- ment: any search of a person in lawful custody carried out under section 11 or under the Corrections Act 2004: the exercise of any power of entry that does not also confer a power of search: (d) a search undertaken by consent.
170 Annual reporting of search and surveillance powers by Commissioner (1) The Commissioner must include in every annual report prepared by him or her for the purposes of section 43 of the Public Finance Act 1989— (a) (b) (c) (d) (e) the number of occasions on which entry or search powers under Part 2 or 3 of this Act were exercised without a warrant in the period covered by the report: the number of occasions on which warrantless surveillance powers under Part 3 of this Act were exercised in the period covered by the report that involved the use of a surveillance device: the number of applications for an examination order that were granted or refused in the period covered by the report: in respect of each kind of surveillance device used without a warrant under Part 3 of this Act in the period covered by the report, the numbers of that kind of device used— (i) (ii) for a period of no more than 24 hours: for a period of more than 24 hours but no more than 48 hours: the number of persons charged in criminal proceedings where the collec- tion of evidential material relevant to those proceedings was significant- ly assisted by the exercise of a warrantless search or surveillance power, or by an examination conducted under an examination order, in the period covered by the report: (f) the matters set out in section 172 in relation to surveillance device war- rants and declaratory orders.
(2) This section does not require the Commissioner to include in any annual report information about— (a) a rub-down search of a person under section 85 or 88 that is undertaken in conjunction with that person’s arrest or detention under any enact- ment: 101 Part 4 s 171 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (b) (c) (d) (e) any search of a person in lawful custody undertaken under section 11 or under the Corrections Act 2004: the exercise of any power of entry that does not also confer a power of search: a search undertaken by consent: any prescribed search or surveillance, or search or surveillance of a pre- scribed kind, in any prescribed area or an area of a prescribed kind.
(3) In this section, and sections 171 and 172, kind of surveillance device means— (a) (b) (c) an interception device: a visual surveillance device: a tracking device.

Section 170(1): amended, on 1 July 2014, by section 104 of the Public Finance Amendment Act 2013 (2013 No 50).
171 Annual reporting of search and surveillance powers by agencies other than Police (1) The chief executive of a law enforcement agency (other than the Police) that employs or engages persons who may exercise an entry power, a search power, or a surveillance power conferred by this Act or by an enactment specified in column 2 of the Schedule must include in every annual report prepared by the chief executive for the purposes of section 43 of the Public Finance Act 1989, or any other applicable enactment requiring an annual report to Parliament,— (a) (b) (c) (d) the number of occasions on which entry or search powers were exercised without a warrant in the period covered by the report: the number of occasions on which warrantless surveillance powers were exercised in the period covered by the report that involved the use of a surveillance device: in respect of each kind of surveillance device used without a warrant in the period covered by the report, the numbers of that kind of device used— (i) (ii) for a period of no more than 24 hours: for a period of more than 24 hours but no more than 48 hours: the number of persons charged in criminal proceedings where the collec- tion of evidential material relevant to those proceedings was significant- ly assisted by the exercise of a warrantless search or surveillance power in the period covered by the report: (e) the matters set out in section 172 in relation to surveillance device war- rants and declaratory orders.
This section does not require a chief executive to include in any annual report information about— (2) 102 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 172 (a) (b) (c) (d) (e) a rub-down search of a person that is undertaken in conjunction with that person’s arrest or detention under any enactment: any search of a person in lawful custody undertaken under section 11 or under the Corrections Act 2004: the exercise of any power of entry that does not also confer a power of search: a search undertaken by consent: any prescribed search or surveillance, or search or surveillance of a pre- scribed kind, in any prescribed area or an area of a prescribed kind.
Section 171(1): amended, on 1 July 2014, by section 104 of the Public Finance Amendment Act 2013 (2013 No 50).
172 Information to be included in report on surveillance device warrants and declaratory orders The information required to be included in an annual report by section 170(1)(f) or 171(1)(e) is the following: (a) (b) (c) (d) (e) the number of applications for surveillance device warrants and declara- tory orders granted or refused in the period covered by the report: the number of surveillance device warrants granted in the period covered by the report that authorised the use of a surveillance device, and the number in respect of each kind of surveillance device: the number of declaratory orders made in the period covered by the re- port that related to the use of a device, technique, procedure, or activity, and the number in respect of each device, technique, procedure, or activ- ity: the number of surveillance device warrants granted during the period covered by the report that authorised entry into private premises: in respect of each kind of surveillance device authorised by a surveil- lance device warrant issued during the period covered by the report, the numbers of that kind of device used— (i) (ii) (iii) (iv) (v) for a period of no more than 24 hours: for a period of more than 24 hours but no more than 3 days: for a period of more than 3 days but no more than 7 days: for a period of more than 7 days but no more than 21 days: for a period of more than 21 days but no more than 60 days: (f) in respect of each declaratory order made during the period covered by the report, a general description of the nature of the device, technique, procedure, or activity covered by the order: 103 Part 4 s 173 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (g) the number of persons charged in criminal proceedings where the collec- tion of evidential material relevant to those proceedings was significant- ly assisted by carrying out activities— (i) (ii) under the authority of a surveillance device warrant issued in the period covered by the report; or covered by a declaratory order made in the period covered by the report: (h) if a Judge has reported to the chief executive under section 61 or 62 about a breach of any of the conditions of the issue of a surveillance de- vice warrant, or about the use of a surveillance device not authorised under section 48, the number of those reports and the details of the breaches or the lack of authorisation reported.
Subpart 9—Offences 173 Failing to comply with examination order (1) (2) Every person commits an offence if he or she, without reasonable excuse, fails to comply with an examination order.

Every person who commits an offence against subsection (1) is liable on con- viction,— (a) in the case of an individual, to imprisonment for a term not exceeding 1 year: (b) in the case of a body corporate, to a fine not exceeding $40,000.
174 Failing to comply with production order (1) (2) Every person commits an offence if he or she, without reasonable excuse, fails to comply with a production order.

Every person who commits an offence against subsection (1) is liable on con- viction,— (a) in the case of an individual, to imprisonment for a term not exceeding 1 year: (b) in the case of a body corporate, to a fine not exceeding $40,000.
175 False application for examination order, production order, search warrant, surveillance device warrant, or declaratory order Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year who makes an application for an examination order, production order, search warrant, surveillance device warrant, or declara- tory order that contains any assertion or other statement known by the person to be false.
104 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 179 176 Leaving search location in breach of direction Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months who, without reasonable excuse,— (a) (b) fails to comply with a direction under section 117(1) (special powers where application for search warrant pending); or leaves any place or vehicle at which he or she is detained under section 118(1).
177 Offences relating to stopping vehicles (1) Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months who— (a) (b) fails to stop as soon as practicable when required to do so by an enforce- ment officer exercising a power to stop or search a vehicle; and knows or ought reasonably to know that the person exercising the power is an enforcement officer.
(2) Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months who— (a) (b) fails to comply with a requirement made by a constable under section 10(1)(a) or 32(c); and knows or ought reasonably to know that the person imposing the re- quirement is a constable.
(3) Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months who— (a) (b) fails to comply with a requirement made by an enforcement officer under section 128; and knows or ought reasonably to know that the person imposing the re- quirement is an enforcement officer.

(4) Any constable may arrest without warrant any person who the constable has reasonable grounds to suspect has committed an offence against subsection (1) or (3).
178 Offence of failing to carry out obligations in relation to computer system search Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months who fails, without reasonable excuse, to as- sist a person exercising a search power when requested to do so under section 130(1).
179 Offence to disclose information acquired through search or surveillance (1) No person who, as a consequence of any thing specified in subsection (2), ac- quires information about any person may knowingly disclose the substance, 105 Part 4 s 180 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 meaning, or purport of that information, or any part of that information, other- wise than in the performance of that person’s duties, functions, or powers.
(2) The things referred to in subsection (1) are— (a) (b) (c) (d) the exercise of a search or surveillance power: an examination order: a production order: the use of a device, technique, or procedure, or the carrying out of an ac- tivity specified in a declaratory order.
(3) Every person who acts in contravention of subsection (1) commits an offence and is liable on conviction,— (a) in the case of an individual, to a term of imprisonment not exceeding 6 months: (b) in the case of a body corporate, to a fine not exceeding $100,000.
Subpart 10—Miscellaneous 180 Effect of proceedings (1) This section applies when any proceeding has been commenced in any court in respect of— (a) (b) (c) the exercise of any power conferred by this Act or any enactment speci- fied in column 2 of the Schedule; or the discharge of any duty imposed by this Act or any enactment speci- fied in column 2 of the Schedule; or the use for investigative purposes of any evidential material obtained from the execution of a power or discharge of a duty imposed by this Act or any enactment specified in column 2 of the Schedule.
(2) Until a final decision in relation to the proceeding is given, unless an interim order made under subsection (3) is in force,— (a) (b) the power or duty to which the proceeding relates may be, or may con- tinue to be, exercised or discharged as if the proceeding had not been commenced, and no person is excused from fulfilling any obligation under this Act or any other enactment by reason of that proceeding; and any evidential material obtained from the execution of the power or dis- charge of the duty to which the proceeding relates may be, or may con- tinue to be, used for investigative purposes.
(3) An interim order may be made by the High Court overriding the effect of sub- section (2), but only if the High Court is satisfied that— (a) the applicant has established a prima facie case that the warrant or order in question is unlawful; and 106 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 4 s 181 (b) (c) the applicant would suffer substantial harm from the exercise or dis- charge of the power or duty; and if the power or duty is exercised or discharged before a final decision is made in the proceeding, none of the remedies specified in subsection (4), or any combination of those remedies, could subsequently provide an adequate remedy for that harm; and (d) the terms of that order do not unduly hinder or restrict the investigation or prosecution.
(4) The remedies are as follows: (a) (b) (c) any remedy that the court may grant in making a final decision in rela- tion to the proceeding (for example, a declaration): any damages that the applicant may be able to claim in concurrent or subsequent proceedings: any opportunity that the applicant may have, as defendant in a criminal proceeding, to challenge the admissibility of any evidence obtained as a result of the exercise or discharge of the power or duty.
(5) An interim order made under subsection (3)— (a) ceases to have effect on— (i) (ii) a date specified in that order; or any date subsequently specified by the High Court on being satis- fied that paragraphs (a) to (d) of subsection (3) continue to apply; and (b) may be extended or renewed (whether before, on, or after its expiry) by the High Court, but only if the High Court is satisfied that paragraphs (a) to (d) of subsection (3) continue to apply.
181 Service of orders and notices (1) Where an order or a notice is to be given to a person for the purposes of this Act, it may be given— (a) (b) (c) by delivering it personally to the person; or by delivering it at the usual or last known place of residence or business of the person, including by fax or by electronic mail; or by sending it by prepaid post addressed to the person at the usual or last known place of residence or business of the person.
(2) Where an order or notice is to be served on a corporation for the purposes of this subpart, service on an officer of the corporation, or on the registered office of the corporation, in accordance with subsection (1) is deemed to be service on the corporation.
107 Part 5 s 182 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (3) Where an order or notice is to be served on a partnership for the purposes of this subpart, service on any one of the partners in accordance with subsection (1) or (2) is deemed to be service on the partnership.
(4) Where an order or notice is sent by post to a person in accordance with subsec- tion (1)(c), the order or notice is deemed, in the absence of proof to the contra- ry, to have been given on the third day after the day on which it was posted.

(5) This section is subject to any other section of this Act that makes different pro- vision for the service of orders or notices.
Compare: 1990 No 51 s 52 Part 5 Amendments, repeals, and miscellaneous provisions Subpart 1—Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes Amendments to Agricultural Compounds and Veterinary Medicines Act 1997 182 Amendments to Agricultural Compounds and Veterinary Medicines Act 1997 Sections 183 to 186 amend the Agricultural Compounds and Veterinary Medi- cines Act 1997.
183 Powers of entry for inspection Section 64 is amended by repealing subsections (3) and (4) and substituting the following subsection: (3) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- parts 2 and 3, sections 118 and 119, and subpart 8) apply.
184 Issue of search warrants (1) Section 69(1) is amended by— (a) omitting “Any District Court Judge or Justice of the Peace or any Regis- trar who is satisfied, on application in writing made on oath” and substi- tuting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satisfied, on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveil- lance Act 2012”; and (b) omitting “in the form set out in Schedule 1”.
(2) Section 69(1) is amended by inserting the following paragraph after paragraph (b): 108 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 186 (ba) any trade name product or agricultural compound manufactured or im- ported in breach of the provisions of this Act: (3) (4) (2) Section 69(1)(c) is amended by omitting “paragraph (a) or paragraph (b)” and substituting “paragraph (a), (b), or (ba)”.
Section 69 is amended by repealing subsections (2) to (4) and substituting the following subsections: Subject to subsection (3) and section 70, the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(3) Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.
185 Powers of entry with warrant Section 70 is amended by repealing subsections (1) to (4) and substituting the following subsection: (1) Without limiting the powers conferred by any warrant issued under section 69(1), and subject to any conditions imposed by the issuing officer, every war- rant issued under that section authorises the constable or the ACVM officer who is executing it, and any person called on by that constable or ACVM offi- cer to assist, to seize and detain any trade name product or agricultural com- pound that— (a) (b) is a risk to public health, agricultural security, trade in or market access for primary produce, or the welfare of animals, or that may breach do- mestic food residue standards; and appears to an ACVM officer, who has made such inquiries as appear reasonable in the circumstances, to have been abandoned or to have no apparent or readily identifiable owner.
186 Disposal of property seized (1) (1) (2) (3) (4) (4) Section 71(1) is repealed and the following subsection substituted: Subject to subsection (3), subparts 1, 5, 6, 7, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of any property seized by any constable under a search warrant issued under section 69 and, with the necessary modifi- cations, in respect of any property seized by any ACVM officer under such a warrant.

Section 71(2) is repealed.


Section 71(3) is amended by omitting “70(1)(f)(ii)” and substituting “70(1)”.
Section 71 is amended by adding the following subsection: If any person is convicted of an offence to which the seized property relates, the court may, if it thinks fit, order that the item be disposed of as the court directs at the expense of the convicted person, and may order that the person 109 Part 5 s 187 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 pay any reasonable costs incurred by the Commissioner of Police or the Director-General.
187 Section 84 repealed Section 84 is repealed.

188 Schedule 1 repealed Schedule 1 is repealed.

Amendments to Animal Products Act 1999 189 Amendments to Animal Products Act 1999 Sections 190 to 193 amend the Animal Products Act 1999.

190 Power of entry (1) (2) (3) (4) (5) (5) Section 87(1) is amended by omitting “at any reasonable time”.

Section 87(2) is amended by omitting “, at any reasonable time,”.

Section 87 is amended by repealing subsection (3).


Section 87(4) is amended by omitting “, at any time that is reasonable in the circumstances”.

Section 87 is amended by repealing subsections (5) and (6) and substituting the following subsection: The provisions of subparts 1, 4, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 (except for sections 118 and 119) apply.
191 Power to examine, etc (1) (2) (2) Section 88 is amended by repealing subsection (2) and substituting the follow- ing subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (other than subparts 2, 3, and 8, and sections 118 and 119) apply in respect of the exercise of powers under subsection (1)(a) or (b).

Section 88(3) is amended by inserting “(other than under subsection (1)(a) or (b))” after “this section”.
192 New section 91A inserted The following section is inserted after section 91: 91A Disposal of seized animals prior to commencement or determination of proceedings (1) This section applies if— 110 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 192 (a) a live animal is or live animals are seized by a constable or an animal product officer under the authority of a search warrant issued under sec- tion 94; and (b) either— (i) proceedings for an offence involving that animal or those ani- mals— (A) (B) have been commenced but not yet determined; or have not yet been commenced but are intended to be com- menced within a reasonable period; or (ii) the owner of that animal or animals cannot be located.
(2) If this section applies, a District Court, on its own motion or on an application by a constable or an animal product officer, may make an order authorising— (a) (b) (c) the sale of the animal or animals; or the placement of the animal or animals with another person; or the destruction, slaughter, and processing of the animal or animals for animal products for sale, or other disposal of the animal or animals.
(3) The District Court— (a) must, before making an order under subsection (2), give the owner of the animal or animals, if known and able to be contacted, an opportunity to be heard; and (b) may make an order under subsection (2) if it is satisfied that there are good reasons for making that order; and (c) may, when making the order, impose conditions (whether relating to the payment of any security holder in the animal or animals or otherwise).
(4) In determining whether to make any order referred to in subsection (2), the court must have regard to the following matters: (a) (b) (c) (d) (e) (f) whether the owner of the animal or animals has been identified, and if not, the steps that have been taken to identify and contact that person: the number of animals involved: the cost of continuing to hold the animal or animals: the physical state of the animal or animals: whether it is reasonable or practicable for the animal or animals to be placed elsewhere: whether it is reasonable or practicable for the Ministry to retain posses- sion of and care for the animal or animals until the determination of the proceedings relating to the animal or animals: (g) whether any person will suffer material loss, and the extent of that loss, if the animal or animals are or are not sold: 111 Part 5 s 193 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (h) the fitness for purpose of any animal products derived from the seized animal or animals: (i) any other matters the court considers relevant.
(5) If an animal is or animals are sold under an order made under subsection (2)(a) or animal products are sold under an order made under subsection (2)(c), the proceeds of sale (if any) must be held by the Ministry (after deducting (in order) the costs of transport and processing, the cost of sale, any sums required to be paid to a security holder or any other person under a condition of the order for sale, and any costs incurred by the Crown in caring for the animal or animals or providing veterinary treatment to that animal or those animals).
(6) The Ministry must, unless the proceeds of sale are otherwise forfeited to the Crown or the owner of the animal or animals is unknown or cannot be contac- ted, pay the proceeds of sale to the owner as soon as practicable— (a) after the determination of the proceedings for an offence involving that animal or those animals; or (b) after a decision is taken not to commence any such proceedings.

193 Other amendments to Animal Products Act 1999 (1) (2) Section 92 is repealed.
Section 94(1) is amended by— (a) (b) omitting “Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant in the form set out in the Schedule” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant”; and omitting “on application in writing made on oath” and substituting “on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012 by an animal product officer or a con- stable”.
(3) (2) Section 94 is amended by repealing subsections (2) and (3) and substituting the following subsections: Subject to section 95, the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(3) Despite subsection (2), sections 118 and 119 apply only in respect of a warrant issued to a named constable or to every constable.
(4) Section 95 is amended by repealing subsection (1) and substituting the follow- ing subsections: (1) Without limiting the powers conferred by any search warrant issued under sec- tion 94(1), every warrant issued under that section authorises the constable or animal product officer who is executing it, and any person called on by that constable or officer to assist, to exercise— 112 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 195 (a) (b) all of the powers of an animal product officer under sections 88 to 91; or only such of those powers as are specified in the warrant.
(1A) To avoid doubt, Part 4 of the Search and Surveillance Act 2012 does not apply in respect of any exercise of a power under sections 89 to 91 as a consequence of subsection (1) of this section.

(5) (6) Section 96 is amended by repealing subsections (1) to (3).
Section 97 is amended by— (a) omitting “Section 199 of the Summary Proceedings Act 1957 applies to any property seized by a constable under a search warrant and, with any necessary modifications, to property seized under a search warrant by an animal product officer” and substituting “Subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of any property seized under a search warrant”; and (b) repealing paragraphs (a) to (c).

(7) The Schedule is repealed.


Amendments to Animal Welfare Act 1999 194 Amendments to Animal Welfare Act 1999 Sections 195 to 198 amend the Animal Welfare Act 1999.

195 Amendments to sections 130 to 136 (1) (2) (3) (4) (3) Section 130(1)(a) is amended by inserting “(including, if necessary, destroying or arranging for the destruction of the animal)” after “animal”.

Section 130(1)(b) is amended by adding “(including, if necessary, destroying or arranging for the destruction of the animal)”.
Section 131(1) is amended by omitting “District Court Judge or Justice or Community Magistrate or any Registrar (not being a member of the police) who, on an application in writing made on oath” and substituting “issuing offi- cer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act”.
Section 131 is amended by repealing subsection (3) and substituting the fol- lowing subsections: The provisions of Part 4 of the Search and Surveillance Act 2012 apply, subject to subsection (4) and sections 133(2) and (4), 136, and 136A.

(4) Despite subsection (3), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.

(5) Sections 132, 133(1), (3), and (5), 134, and 135 are repealed.
113 Part 5 s 196 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (6) (7) (1) Section 133(4) is amended by inserting “(including, if necessary, destroying or arranging for the destruction of the animal)” after “suffering of the animal”.
Section 136 is amended by repealing subsection (1) and substituting the fol- lowing subsection: Subject to subsections (2) and (3) and section 136A, subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of— (a) any thing seized by a constable (including any animal seized by a con- stable under the authority of a search warrant issued under section 131 and any animal of which a constable takes possession under section 137(1)); and (b) with the necessary modifications, any thing seized by an inspector (in- cluding any animal seized by an inspector under the authority of a search warrant issued under section 131 and any animal of which an inspector takes possession under section 127(5)).
(8) Section 136 is amended by repealing subsection (2) and substituting the fol- lowing subsection: (2) Despite anything in subpart 6 of Part 4 of the Search and Surveillance Act 2012, a constable or an inspector who has custody of an animal may place that animal in the care of any other person.

(9) Section 136(3) is amended by omitting “section 199(3) of the Summary Pro- ceedings Act 1957” and substituting “section 154(2)(c) of the Search and Sur- veillance Act 2012”.
196 New section 136A inserted The following section is inserted after section 136: 136A Disposal of animals seized or taken into custody prior to commencement or determination of proceedings (1) This section applies if— (a) 1 or more animals are seized by a constable or an inspector, under the authority of a search warrant issued under section 131, or are taken into possession by an inspector under section 127(5) or a constable under section 137(1); and (b) either— (i) proceedings for an offence involving that animal or those ani- mals— (A) (B) have been commenced but not yet determined; or have not yet been commenced but are intended to be com- menced within a reasonable period; or (ii) the owner of that animal or those animals cannot be located.
114 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 196 (2) If this section applies, a District Court, on its own motion, or on an application by a constable or an inspector, may make an order authorising— (a) (b) (c) (d) the sale of the animal or animals; or the placement of the animal or animals with another person; or the destruction or other disposal of the animal or animals; or the dehorning or performance of other surgical procedures on the animal or animals.
(3) The District Court— (a) must, before making an order under subsection (2), give the owner of the animal or animals, if known and able to be contacted, an opportunity to be heard; and (b) may make an order under subsection (2) if it is satisfied that there are good reasons for making that order; and (c) may, when making the order, impose conditions (whether relating to the payment of any security holder in the animal or animals or otherwise).
(4) In determining whether to make any order referred to in subsection (2), the court must have regard to the following matters: (a) (b) (c) (d) (e) (f) whether the owner of the animal or animals has been identified, and if not, the steps that have been taken to identify and contact that person: the number of animals involved: whether the animal or animals are being kept for economic purposes or for companionship: the cost of continuing to hold the animal or animals: the physical state of the animal or animals: whether it is reasonable or practicable for the animal or animals to be placed elsewhere: (g) whether it is reasonable or practicable for the Ministry or an approved organisation to retain possession of and care for the animal or animals until the determination of the proceedings relating to the animal or ani- mals: (h) whether any person will suffer material or other loss, and the extent of that loss, if the animal or animals are sold: (i) any other matters the court considers relevant.
(5) If an animal is sold under the authority of an order under subsection (2)(a), the proceeds of sale (if any) must be held by the Ministry or an approved organisa- tion (after deducting (in order) the costs of sale, any sums required to be paid to a security holder or any other person under a condition of the order for sale, and any costs incurred by the Crown or approved organisation in caring for the 115 Part 5 s 197 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 animal or animals or providing veterinary treatment to that animal or those ani- mals).
(6) The Ministry or approved organisation referred to in subsection (5) must, un- less the proceeds of sale are forfeited to the Crown under section 172(1) or the owner of the animal is unknown or cannot be contacted, pay the proceeds of sale to the owner as soon as practicable— (a) after the determination of the proceedings for an offence involving that animal or those animals; or (b) after a decision is taken not to commence any such proceedings.
197 Vehicle, aircraft, ship, or animal may be detained (1) (1) Section 137 is amended by repealing subsections (1) and (2) and substituting the following subsection: If a constable arrests a person for an offence against section 22(2), 23(1) or (2), or 40(1) and the person is for the time being in charge of a vehicle, an aircraft, or a ship, or an animal, the constable may— (a) (b) take possession of the vehicle, aircraft, or ship, or the animal, or both, and may take that vehicle, aircraft, or ship, or take that animal, or both, as the case may be, to another place; and detain that vehicle, aircraft, or ship, or that animal, or both, at a place chosen by the constable for a period that is reasonably necessary to— (i) conduct a search of the vehicle, aircraft, or ship, or animal, or both, under another provision in this Act or under any other enact- ment that authorises such a search; or (ii) provide humane treatment for any animal that is moved.
(2) Section 137(3) is amended by omitting “subsections (1) and (2)” and substitut- ing “subsection (1)”.
198 Power of court to order that certain animals be forfeited to the Crown or approved organisation Section 172 is amended by repealing subsections (1) and (1A) and substituting the following subsection: (1) The court convicting a person (the offender) of an offence against this Act in respect of an animal or animals may (in addition to or in substitution for any other penalty),— (a) if it thinks it desirable for the protection of the animal or animals in question, order that any or all of the following animals be forfeited to the Crown or to an approved organisation: (i) the animal or animals to which the charge relates and of which the offender is the owner: (ii) any other animals at the date of conviction owned by the offender: 116 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 200 (b) if it thinks it desirable, order that any proceeds of sale of the animal re- tained under section 136A be forfeited to the Crown.
Amendment to Antarctic Marine Living Resources Act 1981 199 Amendment to Antarctic Marine Living Resources Act 1981 (1) (2) (3) (6) This section amends the Antarctic Marine Living Resources Act 1981.

Section 9 is amended by repealing subsection (3).

Section 9 is amended by adding the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except for subparts 3 and 8) apply.
Amendments to Antarctica (Environmental Protection) Act 1994 200 Amendments to Antarctica (Environmental Protection) Act 1994 (1) (2) (3) (2) (4) This section amends the Antarctica (Environmental Protection) Act 1994.
Section 42(1) is amended by— (a) (b) omitting “a District Court Judge, a duly authorised Justice, a Community Magistrate, or a Registrar (not being a member of the Police), who, on application made” and substituting “an issuing officer (within the mean- ing of section 3 of the Search and Surveillance Act 2012) who, on an ap- plication made in the manner provided in subpart 3 of Part 4 of that Act”; and omitting “, unconditionally or subject to conditions, a warrant author- ising the entry and search of the area, at any time on one occasion within 14 days of the issue of the warrant (or within such further time as may be specified in the warrant)” and substituting “a warrant authorising the entry and search of the area”.
Section 42 is amended by repealing subsections (2) to (4) and substituting the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

Section 43 is amended by inserting the following subsection after subsection (1): (1A) Subject to subsection (2), the provisions of Part 4 of the Search and Surveil- lance Act 2012 (except for subparts 2 and 3) apply.

(5) Section 44 is amended by omitting “any of sections 41 to 43” and substituting “section 41”.
117 Part 5 s 201 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Amendments to Anti-Money Laundering and Countering Financing of Terrorism Act 2009 201 Amendments to Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (1) (2) (3) (2) (4) (5) (4) (6) (7) (8) (3) This section amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.

Section 114(4)(c) is amended by omitting “149C(1) and (2), and 149D” and substituting “and 149C(1)”.
Section 117 is amended by repealing subsection (2) and substituting the follow- ing subsection: The application must be made by an enforcement officer in the manner provi- ded in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

Section 117(3) is amended by omitting “A District Court Judge, Justice of the Peace, Community Magistrate, or Registrar” and substituting “An issuing offi- cer (within the meaning of section 3 of the Search and Surveillance Act 2012)”.
Section 117 is amended by repealing subsections (4), (5), and (6) and substitut- ing the following subsection: The provisions of subparts 1, 3, and 9 of Part 4 of the Search and Surveillance Act 2012 apply.

Section 118(1) is amended by repealing paragraphs (a), (b), and (e).

Section 118(1)(c) is amended by omitting “and seize”.
Section 118(3) is repealed and the following subsection substituted: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3 and sections 118, 119, and 130) apply.

(9) Sections 119 to 122, 125 to 128, and 129 are repealed.

Amendments to Aviation Crimes Act 1972 202 Amendments to Aviation Crimes Act 1972 This section amends the Aviation Crimes Act 1972.
Section 13(1)(b) is amended by adding “and that a search of the first-men- tioned person will disclose evidential material about that offence,”.

Section 13 is amended by repealing subsections (3) and (4) and substituting the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except for subpart 3) apply.
(1) (2) (3) (4) 118 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 204 Amendments to Biosecurity Act 1993 203 Amendments to Biosecurity Act 1993 (1) (2) This section amends the Biosecurity Act 1993.
Section 110 is amended by repealing subsection (1) and substituting the follow- ing subsection: (1) An issuing officer (within the meaning of section 3 of the Search and Surveil- lance Act 2012) may, on an application made in the manner provided by sub- part 3 of Part 4 of that Act by an inspector or authorised person, issue a warrant authorising the inspector or authorised person to enter and inspect the dwell- inghouse, marae, or building associated with a marae specified in the applica- tion.
(3) (4) (4) (5) (6) (6) (7) (8) (9) (3) Section 110(2) is amended by omitting “Judge, Justice, Magistrate, or Regis- trar” and substituting “issuing officer”.

Section 110 is amended by adding the following subsection: The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply.
Section 111(1) is amended by omitting “a District Court Judge, a Justice of the Peace, a Community Magistrate, or a Registrar (not being a member of the Police), who, on the written application (made on oath) of” and substituting “an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application (made in the manner provided by subpart 3 of Part 4 of that Act) by”.
Section 111 is amended by adding the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except for sections 118 and 119) apply.

Section 112(1)(a)(ii) is amended by inserting “or copy of the warrant” after “warrant” in each place where it appears.

Section 118(2) is amended by omitting “Section 199 of the Summary Proceed- ings Act 1957” and substituting “Subpart 6 of Part 4 of the Search and Surveil- lance Act 2012”.
Section 118 is amended by adding the following subsection: The provisions of subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply.

Amendment to Boxing and Wrestling Act 1981 204 Amendment to Boxing and Wrestling Act 1981 Section 205 amends the Boxing and Wrestling Act 1981.
119 Part 5 s 205 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 205 New section 9 substituted Section 9 is repealed and the following section substituted: 9 Search warrants (1) An issuing officer (within the meaning of section 3 of the Search and Surveil- lance Act 2012) may issue a search warrant if, on an application made by a constable in the manner provided in subpart 3 of Part 4 of that Act, he or she is satisfied that there are reasonable grounds for believing that on any premises a contest is being conducted in breach of this Act or any regulations made under it.
(2) The provisions of Part 4 of the Search and Surveillance Act 2012 (except for subparts 2, 5, 6, and 8) apply.

Amendments to Children, Young Persons, and Their Families Act 1989 206 Amendments to Children, Young Persons, and Their Families Act 1989 Sections 207 to 209 amend the Children, Young Persons, and Their Families Act 1989.
207 Amendments to Parts 1 to 9 of Children, Young Persons, and Their Families Act 1989 (1) (2) (3) Section 39(1) is amended by omitting “any Justice or any Community Magis- trate or any Registrar (not being a member of the police), who, on application in writing made on oath” and substituting “any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on appli- cation in writing verified in accordance with section 99 of that Act”.
Section 40(1) is amended by omitting “any Justice or any Community Magis- trate or any Registrar (not being a member of the police), may, on application in writing made on oath” and substituting “any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on appli- cation in writing verified in accordance with section 99 of that Act”.
Section 386(1) is amended by omitting “Any Judge or Justice or Community Magistrate or any Registrar (not being a member of the police) who, on appli- cation in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on appli- cation in writing verified in accordance with section 99 of that Act”.
208 Amendments to Part 10 of Children, Young Persons, and Their Families Act 1989 (1) Section 445A is amended by— (a) (b) omitting “section 39 or section 40 or”; and omitting “or section 386 of this Act”.

120 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 211 (2) Section 445B(2) is amended by omitting “section 39, 40, 122, 157(2), 205(2)(b), 296C, or 386” and substituting “section 122, 157(2), 205(2)(b), or 296C”.
209 New section 445D inserted The following section is inserted after section 445C: 445D Certain provisions of Search and Surveillance Act 2012 apply to some warrants Sections 101 and 105 of the Search and Surveillance Act 2012 apply, with any necessary modifications, in respect of any warrant applied for or issued under section 39, 40, or 386.

Amendments to Civil Aviation Act 1990 210 Amendments to Civil Aviation Act 1990 (1) (2) (3) (5) This section amends the Civil Aviation Act 1990.
Section 24(4) is amended by omitting “a judicial officer on written application on oath, which shall not be granted unless the judicial officer” and substituting “an issuing officer on application in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012, which must not be granted unless the issuing officer”.
Section 24 is amended by repealing subsection (5) and substituting the follow- ing subsections: Subject to subsections (5A), (6), and (7), subparts 1, 3, 4, 5, 7, 9, and 10 of the Search and Surveillance Act 2012 apply in relation to the issue of a warrant under subsection (4) and its execution.

(5A) Despite subsection (5), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.
Amendments to Commodity Levies Act 1990 211 Amendments to Commodity Levies Act 1990 (1) (2) This section amends the Commodity Levies Act 1990.
Section 19(1) is amended by— (a) omitting “A District Court Judge, a Justice, a Community Magistrate, or a Court Registrar (not being a constable) who, on an application in writ- ing made on oath” and substituting “An issuing officer (within the mean- ing of section 3 of the Search and Surveillance Act 2012) who, on an ap- plication made in the manner provided in subpart 3 of Part 4 of that Act”; and (b) omitting “in the form set out in the Schedule to this Act”.
121 Part 5 s 212 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (3) (2) Section 19 is amended by repealing subsection (2) and substituting the follow- ing subsections: Subject to subsection (2A), the provisions of Part 4 of the Search and Surveil- lance Act 2012 apply.

(2A) Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.
(4) Sections 20 to 22 and the Schedule are repealed.

Amendments to Conservation Act 1987 212 Amendments to Conservation Act 1987 (1) (2) (3) (7) This section amends the Conservation Act 1987.

Section 40(4A) and (4B) are repealed.

Section 40 is amended by adding the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except for subpart 3) apply.

(4) Section 46 is amended by repealing subsections (1), (2), (3), and (4).
Amendments to Criminal Proceeds (Recovery) Act 2009 213 Amendments to Criminal Proceeds (Recovery) Act 2009 Sections 214 to 219 amend the Criminal Proceeds (Recovery) Act 2009.
214 Amendments to sections 59 and 71 of Criminal Proceeds (Recovery) Act 2009 (1) (2) Section 59(3) is amended by omitting “Sections 115 to 122, so far as applicable and with all necessary modifications, apply” and substituting “Part 4 of the Search and Surveillance Act 2012 (except subpart 6), so far as applicable and with all necessary modifications, applies”.
Section 71(3) is amended by omitting “Sections 115 to 122, so far as applicable and with all necessary modifications, apply” and substituting “Part 4 of the Search and Surveillance Act 2012 (except subpart 6), so far as applicable and with all necessary modifications, applies”.
215 Amendments to sections 101 to 110 of Criminal Proceeds (Recovery) Act 2009 (1) Section 101(1) is amended by omitting “on an application in writing made on oath” and substituting “on an application made in the manner provided in sub- part 3 of Part 4 of the Search and Surveillance Act 2012”.
122 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 217 (2) (3) (4) (3) (4) (5) (6) (3) (4) (7) (8) (9) Section 102(1) is amended by omitting “on an application in writing made on oath” and substituting “on an application made in the manner provided in sub- part 3 of Part 4 of the Search and Surveillance Act 2012”.
Section 104(2) is amended by omitting “in writing and on oath” and substitut- ing “in the manner provided in relation to a search warrant in sections 99 and 100 of the Search and Surveillance Act 2012”.

Section 104 is amended by adding the following subsections: Every person commits an offence who makes an application for a production order that contains any assertion or other statement known by the person to be false.
Every person who commits an offence against subsection (3) is liable on con- viction to imprisonment for a term not exceeding 1 year.

Section 106(2) is amended by omitting “in writing and on oath” and substitut- ing “in the manner provided in relation to a search warrant in sections 99 and 100 of the Search and Surveillance Act 2012”.
Section 106 is amended by adding the following subsections: Every person commits an offence who makes an application for an examination order that contains any assertion or other statement known by the person to be false.

Every person who commits an offence against subsection (3) is liable on con- viction to imprisonment for a term not exceeding 1 year.
Section 108(1) is amended by omitting “on application in writing made on oath” and substituting “on an application made in the manner provided in sub- part 3 of Part 4 of the Search and Surveillance Act 2012”.

Section 108(2) is amended by omitting “in the prescribed form”.

Section 110(1) is amended by omitting “on an application in writing made on oath” and substituting “on an application made in the manner provided in sub- part 3 of Part 4 of the Search and Surveillance Act 2012”.
216 New section 114 substituted Section 114 is repealed and the following section substituted: 114 Application of Part 4 of Search and Surveillance Act 2012 (1) (2) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 6) apply in respect of every search warrant applied for, or issued, under this Act.

The provisions of subpart 6 of Part 4 of that Act apply to evidence seized under sections 101(2)(a), and 102(2)(b) and (c).
217 Sections 115 to 122 repealed Sections 115 to 122 are repealed.
123 Part 5 s 218 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 218 New section 127 substituted Section 127 is repealed and the following section substituted: 127 Provisions associated with foreign restraining orders and foreign forfeiture orders Part 4 of the Search and Surveillance Act 2012 (except subpart 6) applies, with any necessary modifications, to an application for a warrant made under any of sections 124 to 126.
219 Additional matters in respect of registering foreign forfeiture order Section 146(3) is amended by omitting “Sections 115 to 122, so far as applic- able and with all necessary modifications, apply” and substituting “Part 4 of the Search and Surveillance Act 2012 (except subpart 6), so far as applicable and with all necessary modifications, applies”.

Amendments to Customs and Excise Act 1996 220 Amendments to Customs and Excise Act 1996 Sections 221 to 229 amend the Customs and Excise Act 1996.
221 Amendments to sections 139 to 141 of Customs and Excise Act 1996 (1) (5) Section 139 is amended by adding the following subsections: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3) apply in respect of the power conferred by subsection (1)(d).

(6) Despite subsection (5), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4 of the Search and Surveillance Act 2012 do not apply to any goods forfeited to the Crown under section 225 of this Act.
(2) (3) (3) Section 140(2) is amended by omitting “subsection (1)” and substituting “sub- section (1)(a) to (c)”.

Section 140 is amended by adding the following subsections: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3) apply in respect of the power conferred by subsection (1)(d).
(4) Despite subsection (3), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4 of the Search and Surveillance Act 2012 do not apply to any goods forfeited to the Crown under section 225 of this Act.

(4) Section 141 is amended by omitting “section 139 or section 140” and substitut- ing “section 139(1)(a) to (c) or 140(1)(a) to (c)”.
222 Searching vehicles Section 144 is amended by adding the following subsections: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- parts 2 and 3) apply in respect of a search undertaken under this section.
(6) 124 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 224 (7) Despite subsection (5), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4 of the Search and Surveillance Act 2012 do not apply to any goods forfeited to the Crown under section 225 of this Act.

223 Amendments to sections 149A to 149D of Customs and Excise Act 1996 (1) (2) (3) (8) Section 149A(3) is amended by omitting “149D” and substituting “149C”.

Section 149B(4) to (6) are repealed.


Section 149B is amended by adding the following subsections: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3) apply in respect of the powers conferred by this section.

(9) Despite subsection (8), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4 of the Search and Surveillance Act 2012 do not apply to any goods forfeited to the Crown under section 225 of this Act.
(4) (5) (6) (5) Section 149BA(1) is amended by omitting “believe” and substituting “sus- pect”.

Section 149BA(3) is repealed.

Section 149BA is amended by repealing subsection (5) and substituting the fol- lowing subsections: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3) apply in respect of the powers conferred by this section.
(6) Despite subsection (5), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4 of the Search and Surveillance Act 2012 do not apply to any goods forfeited to the Crown under section 225 of this Act.

(7) (2) Section 149C is amended by repealing subsection (2) and substituting the fol- lowing subsections: The provisions of subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply in respect of the powers conferred by this section.
(3) Despite subsection (2), sections 125(4), 131(5)(f), and 133, and subpart 6 of Part 4 of the Search and Surveillance Act 2012 do not apply to any goods for- feited to the Crown under section 225 of this Act.

(8) Section 149D is repealed.


224 Examination of goods no longer subject to control of Customs Section 152 is amended by inserting the following subsections after subsection (3): (3A) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3) apply in respect of the powers conferred by this section.
(3B) Despite subsection (3A), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4 of the Search and Surveillance Act 2012 do not apply to any goods forfeited to the Crown under section 225 of this Act.

125 Part 5 s 225 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 225 Amendments to sections 165 to 167 of Customs and Excise Act 1996 (1) (2) (3) (4) (5) The heading to section 165 is amended by omitting “search” and substituting “inspection”.
Section 165(1) is amended by omitting “search,” in each place where it ap- pears.

The heading to section 166 is amended by omitting “search” and substituting “inspection”.

Section 166(1) is amended by omitting “search,” in each place where it ap- pears.
Section 167(1) is amended by omitting “A District Court Judge, Justice of the Peace, Community Magistrate, or Registrar (not being a constable) may issue a search warrant in the prescribed form if he or she is satisfied, on an application by a Customs officer in writing made on oath” and substituting “An issuing of- ficer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant if he or she is satisfied, on an application by a Cus- toms officer made in the manner provided in subpart 3 of Part 4 of that Act”.
(6) Section 167 is amended by repealing subsections (2) to (4) and substituting the following subsections: (2) The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(3) Despite subsection (2), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4 of the Search and Surveillance Act 2012 do not apply to any goods forfeited to the Crown under section 225 of this Act.
226 Amendments to section 172 and repeal of sections 168 to 171, and 173 of (1) (2) Customs and Excise Act 1996 Sections 168 to 171 and 173 are repealed.

Section 172(1) is amended by inserting “(other than a power of search to which Part 4 of the Search and Surveillance Act 2012 applies)” after “conferred by this Act”.

(3) Section 172(2) is amended by omitting “or 171”.
227 Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences The heading to section 175C is amended by inserting “or documents” after “of goods”.

Section 175C(1) is amended by inserting “or documents” after “goods” in the second place where it appears.

Section 175C(2) to (4) are amended by inserting “or documents” after “goods” in each place where it appears.
Section 175C is amended by repealing subsection (5) and substituting the fol- lowing subsection: (1) (2) (3) (4) 126 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 229 (5) Part 4 of the Search and Surveillance Act 2012 (except subparts 2 and 3) ap- plies with any necessary modifications.
228 New section 175D inserted The following section is inserted after section 175C: 175D Seizure and detention of certain drugs and objectionable publications (1) A Customs officer may seize and detain goods or documents that are presented or located in the course of exercising any power of inspection, search, or exam- ination under this Act, if he or she has cause to suspect on reasonable grounds that the goods or documents are evidence of the commission of 1 or more offences under 1 or more of the following enactments: (a) (b) section 6, 7, 12A, 13, or 22 of the Misuse of Drugs Act 1975: section 123, 124, 131, or 131A of the Films, Videos, and Publications Classification Act 1993.
(2) A Customs officer who detains goods or documents under subsection (1) may, if the appropriate person specified in subsection (3) agrees, do any of the fol- lowing: (a) (b) (c) deliver the goods or documents into the custody of that person: retain the goods or documents pending further investigation: treat the goods or documents as forfeited within the meaning of this Act.
(3) The appropriate person referred to in subsection (2) is,— (a) (b) if the Customs officer believes that subsection (1)(a) applies, a con- stable; or if the Customs officer believes that subsection (1)(b) applies, an Inspector of Publications within the meaning of the Films, Videos, and Publications Classification Act 1993.

(4) Once goods or documents have been delivered to a person under subsection (2)(a), responsibility for those goods or documents passes to that person.
(5) The provisions of subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply in respect of the powers conferred by this section.

(6) Despite subsection (5), sections 125(4), 131(5)(f), and 133, and subpart 6 of Part 4 of the Search and Surveillance Act 2012 do not apply to any forfeited goods (within the meaning of this Act).

229 Amendments to Part 17 of Customs and Excise Act 1996 (1) (2) Section 286(1)(aa) is repealed.
Section 305A(1) is amended by omitting “167, and 171” and substituting “and 167”.

127 Part 5 s 230 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Amendments to Dairy Industry Restructuring Act 2001 230 Amendments to Dairy Industry Restructuring Act 2001 (1) (2) (3) (4) (2) This section amends the Dairy Industry Restructuring Act 2001.

Section 29C is amended by omitting “29L” and substituting “29H”.
Section 29I(1) is amended by— (a) (b) omitting “A District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant in the form set out in Schedule 5D” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant”; and omitting “in writing made on oath” and substituting “made in the man- ner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012”.
Section 29I is amended by repealing subsections (2) and (3) and substituting the following subsections: Subject to section 29L and subsection (3), the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(3) Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.

(5) (6) Sections 29J and 29K are repealed.


Section 29L is amended by— (a) omitting “Section 199 of the Summary Proceedings Act 1957” and sub- stituting “Subpart 6 of Part 4 of the Search and Surveillance Act 2012”; and (b) repealing paragraphs (a) to (c).

(7) Section 145(j) is amended by omitting “sections 98B to 98G” and substituting “section 98G”.

(8) Schedule 5D is repealed.

Amendments to Dog Control Act 1996 231 Amendments to Dog Control Act 1996 Sections 232 and 233 amend the Dog Control Act 1996.
232 Power of entry Section 14(3)(a) is amended by omitting “a District Court Judge on written ap- plication on oath” and substituting “an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) on application by a dog (1) 128 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 233 control officer in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012”.
(2) (5) Section 14 is amended by adding the following subsections: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- parts 3, 5, and 6) apply.

(6) Despite subsection (5), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.
233 Other amendments to Dog Control Act 1996 (1) Section 56(3) is amended by omitting paragraph (a) and substituting the fol- lowing paragraph: (a) he or she is authorised to enter by a warrant issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) made on application by the dog ranger or dog control officer in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012; and (2) Section 56 is amended by inserting the following subsection after subsection (3): (3A) None of the following persons may act as an issuing officer under this section: (3) (5) (4) (a) (b) the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or any employee of the local authority that employs or engages the dog ranger or dog control officer.
Section 56 is amended by adding the following subsection: The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply in respect of an authority applied for or issued under subsection (3).
Section 57(6)(b) is amended by omitting “he or she is authorised in writing to do so by a Justice, who must not grant an authority unless the Justice” and sub- stituting “he or she is authorised to enter by a warrant issued by an issuing offi- cer (within the meaning of section 3 of the Search and Surveillance Act 2012), made on application by the dog ranger or dog control officer in the manner pro- vided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012, who must not issue a warrant unless the is- suing officer”.
(5) Section 57 is amended by inserting the following subsections after subsection (6): (6A) None of the following persons may act as an issuing officer under this section: (a) the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or 129 Part 5 s 234 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (b) any employee of the local authority that employs or engages the dog ranger or dog control officer.
(6B) The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply in respect of an authority applied for or issued under subsection (6).

Amendments to Driftnet Prohibition Act 1991 234 Amendments to Driftnet Prohibition Act 1991 Sections 235 to 238 amend the Driftnet Prohibition Act 1991.
235 Powers of search Section 13 is amended by inserting the following subsection after subsection (3): (3A) The provisions of subparts 1, 4, 5, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply.

236 Powers of seizure Section 15 is amended by adding the following subsection as subsection (2): (2) Subject to section 18, subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of any property seized under this sec- tion.
237 Sections 16, 17, and 19 to 22 repealed Sections 16, 17, and 19 to 22 are repealed.

238 Section 24 repealed Section 24 is repealed.

Amendments to Electricity Industry Act 2010 239 Amendments to Electricity Industry Act 2010 This section amends the Electricity Industry Act 2010.
Section 47(2) is amended by omitting “A District Court Judge, Justice, or Community Magistrate, or a Court Registrar (not being a constable)” and sub- stituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012), on an application made in the manner provided in sub- part 3 of Part 4 of that Act,”.
Section 47 is amended by repealing subsection (3) and substituting the follow- ing subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except for sections 118 and 119) apply, with any necessary modifications.

(1) (2) (3) (3) 130 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 242 239A Amendments to Electronic Identity Verification Act 2012 (1) (2) This section amends the Electronic Identity Verification Act 2012.
In section 25, replace “A District Court Judge or Justice or Community Magis- trate or Registrar who is not a constable may issue a search warrant under the Summary Proceedings Act 1957” with “An issuing officer may issue a search warrant under the Search and Surveillance Act 2012”.

Section 239A: inserted, on 2 April 2013, by section 76 of the Electronic Identity Verification Act 2012 (2012 No 123).
Amendments to Extradition Act 1999 240 Amendments to Extradition Act 1999 (1) (2) This section amends the Extradition Act 1999.

Section 82 is amended by repealing subsection (3) and substituting the follow- ing subsection: (3) Nothing in this section limits or affects any power under section 11 of the Search and Surveillance Act 2012.
(3) (4) (4) Section 83(2) is amended by omitting “A District Court Judge who, on an ap- plication in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act”.

Section 83 is amended by adding the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 6) apply.

(5) Sections 84 to 88 are repealed.


Amendments to Films, Videos, and Publications Classification Act 1993 241 Amendments to Films, Videos, and Publications Classification Act 1993 Sections 242 to 244 amend Part 7 of the Films, Videos, and Publications Clas- sification Act 1993.
242 Amendments to sections 109 to 109B of Films, Videos, and Publications Classification Act 1993 (1) Section 109 is amended by omitting “A District Court Judge, Justice, or Com- munity Magistrate, or a Registrar (not being a member of the police) may, on an application in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on an application in the manner provided in subpart 3 of Part 4 of that Act”.
(2) Section 109A(1) is amended by omitting “A District Court Judge may, on an application in writing made on oath” and substituting “An issuing officer (with- 131 Part 5 s 243 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 in the meaning of section 3 of the Search and Surveillance Act 2012) may, on an application made in the manner provided in subpart 3 of Part 4 of that Act”.
(3) Section 109B is amended by omitting “A Justice, Community Magistrate, or Registrar (not being a member of the police) may, on an application in writing made on oath” and substituting “An issuing officer (within the meaning of sec- tion 3 of the Search and Surveillance Act 2012) may, on an application made in the manner provided in subpart 3 of Part 4 of that Act”.
243 New section 110 substituted Sections 110 to 114 are repealed and the following section is substituted: 110 Application of Part 4 of Search and Surveillance Act 2012 (1) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply in respect of any search warrant issued under section 109, 109A, or 109B.

(2) This section is subject to sections 115 to 117.

244 Section 118 repealed Section 118 is repealed.


Amendments to Financial Markets Authority Act 2011 245 Amendments to Financial Markets Authority Act 2011 (1) (2) This section amends the Financial Markets Authority Act 2011.
Section 22(6) is amended by omitting “clauses 39 and 40 of Schedule 2 (which provide for immunities in respect of entry or search powers)” and substituting “sections 165 to 168 of the Search and Surveillance Act 2012 (which provide for immunities in relation to orders and warrants, and entry, search, and surveil- lance powers)”.
(3) Section 29(3) is amended by— (a) omitting “A Judge of the High Court or a District Court Judge may issue a search warrant in relation to a place, vehicle, or other thing, on applica- tion” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant in relation to a place, vehicle, or thing, on an application made in the manner provided by subpart 3 of Part 4 of that Act”; and (b) omitting “the Judge” and substituting “the issuing officer”.
Section 29(3)(b) is amended by omitting “specified in the application”.

Section 29(4) is amended by omitting “and Schedule 2”.

The definitions of evidential material, thing, and vehicle in section 29(4) are repealed.
(4) (5) (6) 132 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 248 (7) (5) Section 29 is amended by repealing subsection (5) and substituting the follow- ing subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply, with any necessary modifications.

(8) Schedule 2 is repealed.


Amendments to Financial Transactions Reporting Act 1996 246 Amendments to Financial Transactions Reporting Act 1996 (1) (2) (3) (2) (4) This section amends the Financial Transactions Reporting Act 1996.
Section 44 is amended by omitting “Any District Court Judge, Justice, or Com- munity Magistrate, or any Registrar (not being a member of the Police), who, on an application in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act”.
Section 44 is amended by adding the following subsection as subsection (2): The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

Sections 45 to 51 are repealed.

Amendments to Fisheries Act 1996 247 Amendments to Fisheries Act 1996 Sections 248 to 252 amend the Fisheries Act 1996.
248 New sections 199 and 199A substituted Section 199 is repealed and the following sections are substituted: 199 Powers of entry and examination for regulatory purposes (1) In the course of the enforcement and administration of this Act, a fishery offi- cer may, at any reasonable time,— (a) examine any vessel, vehicle, premises, or other place (by stopping or opening the thing or place, as the case requires, where necessary) and— (i) (ii) (iii) examine any fish, aquatic life, or seaweed in that thing or at that place; or examine any accounts, records, returns, or other documents in that thing or at that place that may be relevant to monitoring compli- ance with this Act or any regulations made under this Act; or examine any record, authority, approval, permission, licence, or authority in that thing or at that place that may be relevant to monitoring compliance with this Act or any regulations made under this Act; or 133 Part 5 s 248 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (iv) examine any article, gear, container, apparatus, device, or thing re- lating to the taking, sale, purchase, farming, or possession of any fish, aquatic life, or seaweed that is in that thing or at that place: (b) (c) enter, pass across, or remain upon any land for the purpose of observing any public place, including by the use of a visual surveillance device: stop any person and examine any thing referred to in paragraph (a)(i) to (iv) that is in the possession of that person: (d) for the purposes of any examination under paragraph (a) or (c),— (i) (ii) open, or direct any person to open, any thing that may be exam- ined; and take any sample of a thing that may be examined, for forensic or other scientific testing: (e) for the purposes of exercising any power conferred by paragraph (a), en- ter or pass across any land.
(2) A fishery officer may detain any vessel, vehicle, conveyance of any kind, par- cel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for any period that is reasonably necessary to enable the fishery officer to carry out an examination under this section.
(3) In this section and in section 199A, visual surveillance device means any elec- tronic, mechanical, electromagnetic, optical, or electro-optical instrument, ap- paratus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, any object or activity.
199A Powers of entry and search for law enforcement purposes (1) Subsection (2) applies to a fishery officer if he or she believes, on reasonable grounds, that— (a) (b) an offence is being or has been committed against this Act; and there may be concealed or located or held in any vessel, vehicle, convey- ance of any kind, premises, place, parcel, package, record, or thing— (i) (ii) any fish, aquatic life, or seaweed taken or thing used or intended to be used in contravention of this Act; or any article, record, document, or thing that will be evidence as to the commission of an offence against this Act.
(2) If this subsection applies to a fishery officer, then, for the purpose of enforcing this Act, that officer may— (a) enter, examine, and search any such premises or place, or any such ves- sel, vehicle, or conveyance of any kind (by stopping or opening the thing or place, as the case requires, where necessary); and 134 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 250 (b) (c) (d) enter, pass across, or remain upon any land for the purpose of observing any public place, including by the use of a visual surveillance device; and examine and search (by opening the thing where necessary) any such parcel, package, record, or thing; and for the purposes of exercising any power conferred by paragraph (a), en- ter or pass across any land.
(3) A fishery officer may detain any vessel, vehicle, conveyance of any kind, par- cel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for such period as is reasonably necessary to enable the fishery officer to carry out an examination or a search under this section.
249 New section 199B inserted The following section is inserted after section 199A: 199B Application of Part 4 of Search and Surveillance Act 2012 (1) (2) The provisions of Part 4 of the Search and Surveillance Act 2012 (other than subparts 2 and 3, section 119, and subpart 8) apply in respect of the powers conferred by section 199(1).

The provisions of Part 4 of the Search and Surveillance Act 2012 (other than subparts 3 and 8) apply in respect of the powers conferred by section 199A.
250 Amendments to sections 200 to 207 of Fisheries Act 1996 (1) Section 200(1) is amended by omitting “a Justice, Community Magistrate, Dis- trict Court Judge, or Registrar of a District Court” and substituting “an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012)”.
(2) Section 200 is amended by repealing subsection (2) and substituting the fol- lowing subsection: (2) An application for authorisation must be made by a fishery officer in the man- ner provided for an application for a search warrant under subpart 3 of Part 4 of the Search and Surveillance Act 2012.

(3) (4) (4) (5) Section 200(3) is amended by omitting “A Justice, Community Magistrate, District Court Judge, or Registrar of a District Court” and substituting “An is- suing officer”.
Section 200 is amended by repealing subsection (4) and substituting the fol- lowing subsection: The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply.

Section 205 is amended by omitting “as may be reasonably necessary” and substituting “as is necessary”.
135 Part 5 s 251 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (6) Section 206(2) is amended by— (a) (b) omitting “section 198A of the Summary Proceedings Act 1957” and sub- stituting “section 137 of the Search and Surveillance Act 2012”; and omitting “section 198A of that Act” and substituting “section 137 of that Act”.
(7) (2) Section 207 is amended by repealing subsections (2) to (4) and substituting the following subsection: Subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.

251 Amendments to sections 208 to 220 of Fisheries Act 1996 (1) (2) (3) (4) (5) Sections 208 to 211 are repealed.

Section 212 is amended by inserting “and the thing is liable to be forfeited under this Act if the owner is convicted,” after “otherwise perish,”.
Section 213(1) is amended by inserting “or 199A” after “199”.

Section 220 is amended by adding the following subsection: This section is subject to sections 164 to 168 of the Search and Surveillance Act 2012 (where applied by this Act).

252 Schedule 7 repealed Schedule 7 is repealed.

Amendments to Food Act 1981 253 Amendments to Food Act 1981 (1) (2) This section amends the Food Act 1981.
Section 12 is amended by inserting the following subsection after subsection (2): (2A) Subject to sections 14 and 16, the provisions of Part 4 of the Search and Sur- veillance Act 2012 (except subparts 2 and 3, sections 118, 119, 125(4), 131(5)(f), and 133, and subparts 6 and 8) apply in respect of any seizure and detention under subsection (2)(i) or (j).
(3) Section 13 is amended by inserting the following subsection after subsection (1): (1A) Subject to sections 14 and 16, the provisions of Part 4 of the Search and Sur- veillance Act 2012 (except subparts 2 and 3, sections 118, 119, 125(4), 131(5)(f), and 133, and subparts 6 and 8) apply in respect of any seizure and detention under subsection (1)(d).

(4) Section 14(4)(a) is amended by omitting “employed by the Ministry”.
136 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 254 (5) Section 15A is amended by omitting “section 198 of the Summary Proceedings Act 1957” and substituting “section 6 of the Search and Surveillance Act 2012”.
(6) Section 15A is amended by adding the following subsection as subsection (2): (2) An officer who is authorised in writing by the Director-General to apply for search warrants in relation to the offences referred to in subsection (1) may apply for such a warrant under section 6 of the Search and Surveillance Act 2012 as if that officer were a constable.

Amendments to Gambling Act 2003 254 Amendments to Gambling Act 2003 (1) (2) (3) (3) (4) (3) (5) (6) (7) This section amends the Gambling Act 2003.
Section 335 is amended by repealing subsection (3) and substituting the fol- lowing subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3) apply.

Section 335(5) is repealed.

Section 336 is amended by repealing subsection (3) and substituting the fol- lowing subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3) apply.

Section 336(5) is repealed.

Section 337 is repealed.


Section 340 is amended by repealing subsection (2) and substituting the fol- lowing subsection: (2) An application must be made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012 to an issuing officer (within the meaning of section 3 of that Act).

(8) (9) Section 340(3) is amended by omitting “The Judge, Justice, Magistrate, or Registrar” and substituting “The issuing officer”.
Section 340 is amended by inserting the following subsections after subsection (3): (3A) Subject to subsection (3B), the provisions of Part 4 of the Search and Surveil- lance Act 2012 apply.

(3B) Despite subsection (3A), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or every constable.

(10) Section 340(4) is amended by omitting “sections 341 and” and substituting “section”.
137 Part 5 s 255 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (11) Sections 341 to 343, and 345 are repealed.

(12) Section 369(d) is amended by omitting “331, and a search warrant under sec- tion 341” and substituting “331”.

Amendments to Hazardous Substances and New Organisms Act 1996 255 Amendments to Hazardous Substances and New Organisms Act 1996 (1) (2) (3) (3) This section amends the Hazardous Substances and New Organisms Act 1996.
Section 119(1) is amended by— (a) omitting “District Court Judge or Justice of the Peace or Community Magistrate or any Registrar who is satisfied, on application in writing made on oath” and substituting “issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satisfied, on an application made in the manner provided in subpart 3 of Part 4 of that Act”; and (b) omitting “in the prescribed form”.
Section 119 is amended by repealing subsections (3) to (8) and substituting the following subsections: Subject to subsection (4), the provisions of Part 4 of the Search and Surveil- lance Act 2012 apply.

(4) Despite subsection (3), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.

(4) Section 120 is repealed.


Amendments to Health Practitioners Competence Assurance Act 2003 256 Amendments to Health Practitioners Competence Assurance Act 2003 (1) (2) (3) This section amends the Health Practitioners Competence Assurance Act 2003.

Section 10(1) is amended by omitting “section 198 of the Summary Proceed- ings Act 1957” and substituting “section 6 of the Search and Surveillance Act 2012”.
Section 10 is amended by inserting the following subsection after subsection (1): (1A) A person who is authorised in writing by the Director-General of Health to apply for search warrants in relation to the offences referred to in subsection (1) may apply for such a warrant under section 6 of the Search and Surveil- lance Act 2012 as if that person were a constable.
(4) Section 10 is amended by repealing subsection (2) and substituting the follow- ing subsection: 138 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 258 (2) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply.
(5) Section 10(3) is amended by— (a) (b) omitting “section 199 of the Summary Proceedings Act 1957” and sub- stituting “subpart 6 of Part 4 of the Search and Surveillance Act 2012”; and omitting from paragraph (a) “section 199 of that Act” and substituting “subpart 6 of Part 4 of that Act”.
Amendments to Human Assisted Reproductive Technology Act 2004 257 Amendments to Human Assisted Reproductive Technology Act 2004 (1) (2) (3) (2) (4) (5) (4) (6) (7) This section amends the Human Assisted Reproductive Technology Act 2004.

Section 68(1) is amended by repealing paragraphs (c), and (f) to (h).
Section 68 is amended by repealing subsections (2) to (4) and substituting the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3 and sections 118 and 119) apply.
Section 69(2) is amended by omitting “A District Court Judge, a Justice, or a Court Registrar who is not a member of the police, may, on a written applica- tion made on oath by an authorised person, issue a search warrant in the form set out in Schedule 2” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on an application made in the manner provided in subpart 3 of Part 4 of that Act, issue a search warrant”.
Section 69 is amended by repealing subsections (4) and (5) and substituting the following subsection: Subject to section 72, the provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply.

Sections 70 and 71, and Schedule 2 are repealed.

Section 72 is amended by— (a) omitting “Section 199 of the Summary Proceedings Act 1957” and sub- stituting “Subpart 6 of Part 4 of the Search and Surveillance Act 2012”; and (b) repealing paragraphs (a) to (c).
Amendments to Human Tissue Act 2008 258 Amendments to Human Tissue Act 2008 (1) (2) This section amends the Human Tissue Act 2008.

Section 68(1) is amended by repealing paragraphs (c), and (f) to (h).
139 Part 5 s 259 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (3) (2) (4) (5) (6) (5) (7) (8) Section 68 is amended by repealing subsections (2) and (3) and substituting the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3 and sections 118 and 119) apply with any necessary modifications.
Section 69(2) is amended by omitting “A District Court Judge, a Community Magistrate, a Justice, or a Registrar who is not a member of the police may, on a written application made on oath by an authorised person, issue a search war- rant in the prescribed form” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on an ap- plication made by an authorised person in the manner provided for an applica- tion for a search warrant in subpart 3 of Part 4 of that Act, issue a search war- rant”.
Section 69 is amended by repealing subsection (3).

Section 69 is amended by repealing subsection (5) and substituting the follow- ing subsection: Subject to subsection (6) and section 72, the provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply.

Sections 70 and 71 are repealed.


Section 72 is amended by— (a) omitting “Section 199 of the Summary Proceedings Act 1957” and sub- stituting “Subpart 6 of Part 4 of the Search and Surveillance Act 2012”; and (b) repealing paragraphs (a) to (c).

(9) Section 79 is repealed.

Amendment to Immigration Act 2009 259 Amendment to Immigration Act 2009 (1) (2) This section amends the Immigration Act 2009.
The following section is inserted after section 293: 293A Immigration officer may apply for search warrant An immigration officer may, in carrying out the immigration officer’s functions under this Act, apply for a search warrant under section 198 of the Summary Proceedings Act 1957.

Amendments to Immigration Advisers Licensing Act 2007 260 Amendments to Immigration Advisers Licensing Act 2007 Sections 261 to 264 amend the Immigration Advisers Licensing Act 2007.
140 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 262 261 New sections 56 and 57 substituted Sections 56 and 57 are repealed and the following sections substituted: 56 Purposes of inspection The powers in section 57 may be used for 1 or more of the following purposes: (a) (b) (c) administering the licensing regime: obtaining information in relation to complaints in respect of persons who are or have formerly been licensed to provide immigration advice: obtaining information in respect of persons who have applied to be li- censed: (d) investigating offences under this Act.
57 Inspection powers (1) Any person authorised by the Registrar may, for a purpose set out in section 56,— (a) (b) (c) (d) (e) at any reasonable time, enter any premises where the person has good cause to suspect that— (i) (ii) (iii) any licensed immigration adviser or former licensed immigration adviser works or has worked in the past 2 years; or any person who has applied to be licensed as an immigration ad- viser works; or a person provides immigration advice or contracts or employs a person to provide immigration advice: question any licensed immigration adviser, former licensed immigration adviser, or other person at any premises of a kind described in paragraph (a): require a person of a kind described in paragraph (a) to produce for in- spection relevant documents in that person’s possession or under that person’s control: inspect and take copies of documents referred to in paragraph (c): retain documents referred to in paragraph (c), if there are grounds for be- lieving that they are evidence of the commission of an offence.
(2) (3) If a requirement is made of a person under subsection (1)(c), the person must immediately comply with that requirement.

The provisions of subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply.

262 Amendments to sections 58 to 61 of Immigration Advisers Licensing Act 2007 (1) Section 58 is repealed.

141 Part 5 s 263 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (2) (3) (4) (5) (2) Section 59 is amended by omitting “or 58”.
Section 60 is amended by omitting “or 58”.

Section 61(1) is amended by omitting “A Judge who, on written application made on oath,” and substituting “An issuing officer (within the meaning of sec- tion 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act,”.
Section 61 is amended by repealing subsection (2) and substituting the follow- ing subsection: The provisions of subparts 1, 3, and 9 of Part 4 of the Search and Surveillance Act 2012 apply in respect of an entry warrant.

263 New section 61A inserted The following section is inserted after section 61: 61A Search warrant (1) (2) For the purposes of section 97 of the Search and Surveillance Act 2012, the Registrar is a person authorised to apply for a search warrant.
The Registrar may exercise the powers of a constable to apply for a search war- rant under section 6 of the Search and Surveillance Act 2012 in relation to an offence under this Act.

264 Other amendments to Immigration Advisers Licensing Act 2007 (1) (2) Section 62(3)(c) is amended by omitting “or 58”.

Section 69(1) is amended by omitting “or 58” in each place where it appears.
Amendments to Insurance (Prudential Supervision) Act 2010 265 Amendments to Insurance (Prudential Supervision) Act 2010 This section amends the Insurance (Prudential Supervision) Act 2010.
Section 132(2) is amended by omitting “A Judge of the High Court or a Dis- trict Court Judge who is satisfied, on the application of the investigator,” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made by an investigator in the manner provided in subpart 3 of Part 4 of that Act, is satisfied”.
Section 132 is amended by repealing subsection (3) and substituting the fol- lowing subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except for sections 118 and 119) apply.

Section 230 is amended by repealing subsection (3) and substituting the fol- lowing subsection: (1) (2) (3) (3) (4) 142 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 266 (3) This section and section 231 are subject to subpart 7 of Part 4 of the Search and Surveillance Act 2012.
(5) Schedule 2 is repealed.

Amendments to International Crimes and International Criminal Court Act 2000 266 Amendments to International Crimes and International Criminal Court Act 2000 (1) (2) (3) (4) (2) (5) (6) (7) (8) This section amends the International Crimes and International Criminal Court Act 2000.

Section 77(3) is amended by omitting “section 37 of the Policing Act 2008” and substituting “section 11 of the Search and Surveillance Act 2012”.
Section 102(1) is amended by omitting “a District Court Judge, on an applica- tion in writing made on oath or affirmation” and substituting “an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012), on an application made in the manner provided in subpart 3 of Part 4 of that Act”.
Section 102 is amended by repealing subsections (2) to (4) and substituting the following subsection: The provisions of subparts 1 to 5 and 7, 9, and 10 of Part 4, and sections 161 and 162 of the Search and Surveillance Act 2012 apply.

Sections 103 to 106 are repealed.

The heading to section 107 is amended by omitting “Notice of execution” and substituting “Report to Attorney-General on execution”.

Section 107 is amended by repealing subsection (1).
Section 107(2) is amended by— (a) (b) omitting “the warrant is executed” and substituting “a warrant issued under section 102 is executed”; and omitting “subsection (1)” and substituting “section 133 of the Search and Surveillance Act 2012”.

(9) Section 107(3) is amended by omitting “the warrant” and substituting “a war- rant issued under section 102”.
(10) Section 108(4) is amended by omitting “The” and substituting “Subject to sec- tion 155 of the Search and Surveillance Act 2012 (which applies with any necessary modifications), the”.

(11) Section 108(5) is amended by inserting “, but subject to section 154 of the Search and Surveillance Act 2012 (which applies with any necessary modifica- tions)” after “subsection (4)”.
143 Part 5 s 267 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Amendments to International War Crimes Tribunals Act 1995 267 Amendments to International War Crimes Tribunals Act 1995 (1) (2) (3) (4) (5) (6) (3) (7) (8) (9) This section amends the International War Crimes Tribunals Act 1995.

Section 11 is amended by omitting “a Judge” and substituting “an issuing offi- cer”.

Section 29 is amended by omitting “a Judge” and substituting “an issuing offi- cer”.
Section 48(1) is amended by omitting “Any Judge who, on an application in writing made on oath” and substituting “Any issuing officer (within the mean- ing of section 3 of the Search and Surveillance Act 2012) who, on an applica- tion made in the manner provided in subpart 3 of Part 4 of that Act”.
Section 48(2) is amended by omitting “Any Judge who, on application in writ- ing made on oath under section 29 of this Act by a member of the Police authorised under that section” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an ap- plication made in the manner provided in subpart 3 of Part 4 of that Act by a constable authorised under section 29”.
Section 48 is amended by repealing subsection (3) and substituting the follow- ing subsection: The provisions of subparts 1 to 5 and 7 to 10 of Part 4, and sections 161 and 162 of the Search and Surveillance Act 2012 apply.

Sections 49 to 50A and 51 and 52 are repealed.


Section 53 is amended by omitting “the matters set out in paragraphs (a) to (c) of section 52 of this Act” and substituting “the date and time of execution of the warrant, the identity of the person who executed the warrant, and the thing or things seized under the warrant”.
Section 55(5) is amended by omitting “The” and substituting “Subject to sec- tions 154 and 155 of the Search and Surveillance Act 2012 (which apply with any necessary modifications), the”.

(10) Section 55(6) is amended by omitting “If” and substituting “Subject to sections 154 and 155 of the Search and Surveillance Act 2012 (which apply with any necessary modifications), if”.

Amendments to Land Transport Act 1998 268 Amendments to Land Transport Act 1998 This section amends the Land Transport Act 1998.
Section 119 is amended by inserting the following subsection after subsection (2): (1) (2) 144 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 270 (2A) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3) apply in respect of the power in subsection (2).
(3) Section 119 is amended by repealing subsection (3) and substituting the follow- ing subsection: (3) An enforcement officer may, without warrant, enter, by force if necessary, a building or place where a vehicle to which section 96, 96A, or 123 applies is being stored or kept, and seize and impound the vehicle,— (a) if— (i) (ii) (iii) an enforcement officer has been freshly pursuing the vehicle; or it is likely that a person was about to remove, conceal, destroy, or dispose of the vehicle; or an enforcement officer believes on reasonable grounds that the vehicle was about to be used in the commission of a crime; and (b) if, because of the time of the day or the locality, it was impracticable to obtain a warrant without creating an opportunity for the person to do anything referred to in paragraph (a)(ii) or (iii).
Section 119(5) is amended by omitting “apply on oath to a District Court Judge” and substituting “apply, in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012, to an issuing officer (within the meaning of section 3 of that Act),”.
Section 119 is amended by repealing subsection (6) and substituting the follow- ing subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 apply in re- spect of the powers in subsections (3) and (5) (except for subpart 3 of that Part in relation to subsection (3)).

(4) (5) (6) Amendments to Local Government Act 2002 269 Amendments to Local Government Act 2002 Sections 270 and 271 amend the Local Government Act 2002.
270 Seizure of property from private land (1) (2) (3) Section 165(1) is amended by omitting “A judicial officer” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveil- lance Act 2012)”.

Section 165(2)(a) is amended by omitting “in writing and on oath” and substi- tuting “in the manner provided for an application for a search warrant in sub- part 3 of Part 4 of the Search and Surveillance Act 2012”.
Section 165(2)(b) is amended by omitting “judicial officer” and substituting “issuing officer”.

145 Part 5 s 271 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (4) Section 165 is amended by repealing subsections (3) and (4) and substituting the following subsections: (3) None of the following persons may act as an issuing officer under this section: (a) (b) the mayor or any elected member of the local authority: any employee of the local authority.
(4) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply as if a warrant issued under subsection (1) were a search warrant.

271 Other amendments to Local Government Act 2002 (1) Section 166 is amended by repealing subsections (1) and (2) and substituting the following subsections: (1) An enforcement officer executing a warrant issued under section 165(1) must (2) (2) (3) (4) (5) (6) (4) be accompanied by a constable.
Subsection (1) overrides section 165(4).

Section 167(1) is amended by omitting “or section 165”.

Section 168(1) is amended by inserting “seized and impounded under section 164” after “dispose of property”.

Section 171(2) and (3) are repealed.


Section 172(3)(a) is amended by omitting “a District Court Judge on written application on oath” and substituting “an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) on application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act”.
Section 172 is amended by repealing subsection (4) and substituting the fol- lowing subsections: Subject to subsections (3)(b) and (5), the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(5) Despite subsection (4), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.
(7) (2) Section 173 is amended by repealing subsection (2) and substituting the fol- lowing subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- parts 2 and 3, and sections 118 and 119) apply.

Amendments to Major Events Management Act 2007 272 Amendments to Major Events Management Act 2007 (1) This section amends the Major Events Management Act 2007.
146 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 272 (2) Section 67(1) is amended by omitting “High Court Judge, District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any place, vehicle, or thing if satisfied, on appli- cation in writing made on oath” and substituting “issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant for any place, vehicle, or thing if satisfied, on application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012”.
(3) Section 67 is amended by inserting the following subsection after subsection (1): (1A) Despite subsection (1), in addition to satisfying any applicable requirement in subpart 3 of Part 4 of the Search and Surveillance Act 2012,— (a) (b) (c) an application under subsection (1) must include details of any thing that is to be searched for and covered; and a search warrant issued under subsection (1) must state whether it authorises any thing to be covered and, if so, contain, in reasonable de- tail, a description of the thing to be covered; and a person who executes a warrant and covers any thing must leave in a prominent position or at the place searched or give to the owner or occu- pier a written notice stating a list of the particulars of the covered thing, and that it may be uncovered in accordance with sections 77 and 78.
(4) (2) Section 67 is amended by repealing subsection (2) and substituting the follow- ing subsections: Subject to section 68 and subsection (3), the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(3) Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.
(5) Section 68 is amended by repealing subsection (1) and substituting the follow- ing subsections: (1) Without limiting the powers conferred by any warrant issued under section 67(1), and subject to any conditions specified by the issuing officer, every war- rant issued under that section authorises a person authorised to execute it to search for and cover any thing that the warrant authorises to be covered.
(1A) In applying the provisions of Part 4 of the Search and Surveillance Act 2012, any requirement in that Part to provide details or other information in relation to a thing that is seized is to be taken to include the same requirement in rela- tion to a thing that is covered.

(6) Section 68(2) is amended by omitting “in subsection (1)” and substituting “conferred by a warrant”.

(7) Section 68(3) and (4) are repealed.


147 Part 5 s 273 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (8) Sections 69 to 76 are repealed.

Amendments to Marine Mammals Protection Act 1978 273 Amendments to Marine Mammals Protection Act 1978 Sections 274 and 275 amend the Marine Mammals Protection Act 1978.
274 Powers of search (1) (2) (2) Section 13 is amended by repealing subsection (2) and substituting the follow- ing subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except for subpart 3) apply in respect of the powers in subsection (1).

Section 13 is amended by inserting the following subsection after subsection (5): (5A) The provisions of subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply in respect of the powers in subsection (5).
275 New section 14 substituted Section 14 is repealed and the following section substituted: 14 Officer may obtain warrant (1) An issuing officer (within the meaning of section 3 of the Search and Surveil- lance Act 2012) may, on application by an officer made in the manner provided in subpart 3 of Part 4 of that Act, issue a search warrant, to an officer named in the warrant, authorising the entry and search of any dwellinghouse, place, vehicle, aircraft, or hovercraft if the issuing officer is satisfied that there are reasonable grounds to suspect that— (a) any breach of this Act or any regulation made under it has been, is being, or will be committed; or (b) preparation has been made to commit a breach of this kind.
(2) The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

Amendments to Marine Reserves Act 1971 276 Amendments to Marine Reserves Act 1971 This section amends the Marine Reserves Act 1971.

Section 18 is amended by adding the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3) apply in respect of any entry and search conducted under subsection (1)(d).
Section 18A is amended by repealing subsection (3) and substituting the fol- lowing subsection: (1) (2) (3) (3) 148 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 280 (3) Subject to subsection (2), the provisions of Part 4 of the Search and Surveil- lance Act 2012 (except subpart 3) apply.

(4) Sections 18B to 18F are repealed.

Amendments to Maritime Security Act 2004 277 Amendments to Maritime Security Act 2004 (1) (2) This section amends the Maritime Security Act 2004.
Section 51(4) is amended by omitting “A judicial officer who, on written appli- cation made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act”.
(3) Section 51 is amended by inserting the following subsections after subsection (6): (6A) Subject to subsections (5), (6), and (6B), the provisions of Part 4 of the Search and Surveillance Act 2012 apply in respect of a warrant issued under subsec- tion (4).

(6B) Despite subsection (6A), sections 118 and 119 of the Search and Surveillance (4) (5) Act 2012 apply only in respect of a constable.

Section 51 is amended by repealing subsection (12).
Section 55(1) is amended by omitting paragraph (b) and substituting the fol- lowing paragraph: (b) the constable has reasonable grounds to suspect that— (i) (ii) an offence against this Act has been, is being, or will be commit- ted, whether by that person or any other person; and a search of the person refusing to consent will disclose evidential material relating to that offence.
Amendments to Maritime Transport Act 1994 278 Amendments to Maritime Transport Act 1994 Sections 279 and 280 amend the Maritime Transport Act 1994.

279 Amendments to Part 30 of Maritime Transport Act 1994 (1) (2) (3) (4) Section 453(5) is amended by omitting “or subsection (2)”.

Section 456 is repealed.

Section 457(1) is amended by omitting “or section 455”.

Section 457(2) is repealed.
280 New sections 454 and 455 substituted Sections 454 and 455 are repealed and the following sections substituted: 149 Part 5 s 281 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 454 Warrant to inspect dwellinghouse, marae, etc (1) An issuing officer (within the meaning of section 3 of the Search and Surveil- lance Act 2012) who, on an application made by an authorised person in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act, is satisfied that entry is essential to enable the inspection of a place referred to in section 453(3) to be carried out, may issue a warrant to the authorised person that authorises that person to enter the place.
(2) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 2) apply.

(3) Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

(4) In this section and section 455, authorised person means a person authorised by the Director.
455 Entry in respect of offences (1) Subject to subsection (2), an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a warrant to enter and search a place if, on an application made by an authorised person in the manner provi- ded in subpart 3 of Part 4 of that Act, the issuing officer is satisfied that there are reasonable grounds for believing that there is on or in the place (being a place specified in the application) any thing— (a) (b) (c) in respect of which an offence against this Act has been or may have been committed; or that is or may be evidence of the commission of an offence against this Act; or that is intended to be used for the commission of an offence against this Act.
(2) The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(3) Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

Amendments to Meat Board Act 2004 281 Amendments to Meat Board Act 2004 Sections 282 and 283 amend the Meat Board Act 2004.
282 Amendments to Part 3 of Meat Board Act 2004 (1) Section 42 is amended by inserting the following subsection after subsection (4): (4A) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- parts 2 and 3, sections 118 and 119, and subpart 8) apply to entry and inspec- tion under subsection (2).
150 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 283 (2) Section 42(5) is amended by— (a) omitting “A District Court Judge or a Court Registrar (not being a mem- ber of the police), who on an application in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act,”; and (b) omitting “in form 1 in Schedule 3”.
(3) (7) Section 42 is amended by repealing subsections (7) and (8) and substituting the following subsections: The provisions of Part 4 of the Search and Surveillance Act 2012 apply in re- spect of the exercise of any power under subsection (5).

(8) Despite subsection (7), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.
283 Amendments to Part 4 of Meat Board Act 2004 (1) Section 62(1) is amended by— (a) omitting “A District Court Judge or a Court Registrar (not being a mem- ber of the Police) who, on an application in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012”; and (b) omitting “in form 2 in Schedule 3”.
(2) Section 62(2) is amended by— (a) omitting “A District Court Judge or a Court Registrar (not being a mem- ber of the Police) who, on an application in writing made an oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012”; and (b) omitting “in form 3 in Schedule 3”.
(3) Section 62 is amended by repealing subsections (3) and (4) and substituting the following subsections: (3) The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(4) Despite subsection (3), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.

(4) Sections 63 and 64 are repealed.

151 Part 5 s 284 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (5) Schedule 3 is repealed.
Amendments to Motor Vehicle Sales Act 2003 284 Amendments to Motor Vehicle Sales Act 2003 (1) (2) This section amends the Motor Vehicle Sales Act 2003.
Section 130(1) is amended by omitting “District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any place if satisfied, on application in writing made on oath,” and substituting “issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant for any place if satisfied, on application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012,”.
(3) Section 130 is amended by repealing subsection (2) and substituting the fol- lowing subsections: (2) The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(3) Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

(4) Sections 131 to 140 are repealed.

Amendments to National Parks Act 1980 285 Amendments to National Parks Act 1980 This section amends the National Parks Act 1980.

Section 61(2) is repealed.


Section 61(3) is amended by— (a) (b) (c) omitting “If” and substituting “If, in any case to which paragraph (a) or (b) applies,”; and omitting “if in proceedings” and substituting “in proceedings”; and omitting “then,” and substituting “then, despite subpart 6 of Part 4 of the Search and Surveillance Act 2012,”; and (d) repealing paragraph (c).
Section 61(6) is amended by omitting “, and shall be retained by the Director- General and dealt with under subsection (7) or subsection (8) of this section”.

Section 61 is amended by repealing subsections (7) and (8) and substituting the following subsection: Subject to subsection (3), the provisions of Part 4 of the Search and Surveil- lance Act 2012 (except subpart 3) apply.
Section 65 is amended by repealing subsection (2) and substituting the follow- ing subsection: (1) (2) (3) (4) (5) (7) (6) 152 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 288 (2) (7) (2) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3 and sections 118 and 119) apply.
Section 66 is amended by repealing subsections (2) and (3) and substituting the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3) apply.

Amendments to Overseas Investment Act 2005 286 Amendments to Overseas Investment Act 2005 (1) (2) (3) (4) (5) (5) This section amends the Overseas Investment Act 2005.
Section 56(2) is amended by omitting “writing and on oath to the Court” and substituting “the manner provided in subpart 3 of Part 4 of the Search and Sur- veillance Act 2012 to an issuing officer (within the meaning of section 3 of that Act)”.

Section 56(3) is amended by omitting “Court” and substituting “issuing offi- cer”.

Section 56(4) is amended by omitting “Court” and substituting “issuing offi- cer”.
Section 56 is amended by adding the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply.

(6) Sections 57 to 60 are repealed.

Amendments to Ozone Layer Protection Act 1996 287 Amendments to Ozone Layer Protection Act 1996 Sections 288 to 290 amend the Ozone Layer Protection Act 1996.
288 Search warrants (1) (2) (3) Section 23(1) is amended by omitting “District Court Judge or Justice or Com- munity Magistrate or any Registrar (not being a constable) who is satisfied, on application in writing made on oath” and substituting “issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satis- fied, on an application made in the manner provided in subpart 3 of Part 4 of that Act”.
Section 23 is amended by repealing subsections (3) to (8) and substituting the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply.
153 Part 5 s 289 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 289 New section 25 substituted Section 25 is repealed and the following section substituted: 25 Retention of property seized If any constable or officer seizes any substance or goods under this Act, sub- parts 1, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of the seizure of that substance or those goods.
290 Return or forfeiture of property seized (1) The heading to section 26 is amended by omitting “Return or forfeiture” and substituting “Forfeiture”.

(2) Section 26(1) and (2) are repealed.

Amendment to Petroleum Demand Restraint Act 1981 291 Amendment to Petroleum Demand Restraint Act 1981 (1) (2) (4) This section amends the Petroleum Demand Restraint Act 1981.
Section 17 is amended by repealing subsection (4) and substituting the follow- ing subsection: Petroleum demand restraint regulations may provide for the following matters in respect of suspected offences against this Act or against any petroleum de- mand restraint regulations, regardless of whether any such suspected offences (relevant offences) are imprisonable or not: (a) (b) authorising persons, designated by the Minister in writing for the pur- pose (designated persons), to search places, vehicles, or other things under a warrant in relation to any relevant offence: providing for the application of provisions of the Search and Surveil- lance Act 2012 to the powers conferred under paragraph (a) and, in par- ticular and without limitation,— (i) (ii) deeming all designated persons, or any designated persons of a specified class, to be enforcement officers for the purposes of that Act: authorising all designated persons, or any designated persons of a specified class, to apply for a warrant under section 6 of that Act as if such designated persons were constables.
Amendments to Pork Industry Board Act 1997 292 Amendments to Pork Industry Board Act 1997 This section amends the Pork Industry Board Act 1997.

Section 44 is amended by inserting the following subsection after subsection (2): (1) (2) 154 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 294 (2A) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 2, sections 118 and 119, and subpart 8) apply.
(3) (4) (5) (3) Section 45(1) is amended by omitting “A District Court Judge or a court Regis- trar (not being a constable), who on an application in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012), who on an application made in the manner provided in subpart 3 of Part 4 of that Act”.
Section 45(2) is amended by omitting “A District Court Judge or a court Regis- trar (not being a constable), who on an application in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012), who on an application made in the manner provided in subpart 3 of Part 4 of that Act”.
Section 45 is amended by repealing subsection (3) and substituting the follow- ing subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply.

(6) Sections 46 and 47 and Schedule 3 are repealed.

Amendments to Prostitution Reform Act 2003 293 Amendments to Prostitution Reform Act 2003 (1) (2) (3) (2) This section amends the Prostitution Reform Act 2003.
Section 30(1) is amended by omitting “A District Court Judge, Justice, Com- munity Magistrate, or Registrar of a District Court (who is not a member of the police)” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012)”.
Section 30 is amended by repealing subsections (2) and (3) and substituting the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 apply as if a warrant referred to in subsection (1) were a search warrant.

(4) Sections 31 to 33 are repealed.

Amendments to Radiation Protection Act 1965 294 Amendments to Radiation Protection Act 1965 (1) (2) This section amends the Radiation Protection Act 1965.
Section 24(2) is amended by— (a) omitting “If a Justice of the Peace or Community Magistrate is satisfied on oath” and substituting “If an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) is satisfied on an ap- plication made in the manner provided in subpart 3 of Part 4 of that Act”; and 155 Part 5 s 295 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (b) omitting “Justice or Community Magistrate” and substituting “issuing officer”; and (c) omitting “, if necessary by force”.
(3) Section 24 is amended by repealing subsection (3) and substituting the follow- ing subsections: (3) The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(4) Despite subsection (3), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

Amendments to Radiocommunications Act 1989 295 Amendments to Radiocommunications Act 1989 (1) (2) (3) (4) This section amends the Radiocommunications Act 1989.
Section 120(3) is amended by— (a) omitting “District Court Judge, Justice, or Community Magistrate, or any Court Registrar (not being a constable), is satisfied, on application in writing made on oath” and substituting “issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) is satis- fied, on application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012”; and (b) omitting “that District Court Judge, Justice, Community Magistrate, or Court Registrar” and substituting “that issuing officer”.
Section 120 is amended by adding the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply.

(4) Sections 121 to 127 are repealed.

Amendments to Reserve Bank of New Zealand Act 1989 296 Amendments to Reserve Bank of New Zealand Act 1989 Sections 297 and 298 amend the Reserve Bank of New Zealand Act 1989.
297 Amendments to Parts 4 and 5 of Reserve Bank of New Zealand Act 1989 (1) Section 66I is amended by omitting “A Judge of the High Court may issue a warrant to a person appointed under section 66E(2) if the Judge is satisfied, on application in writing made on oath” and substituting “An issuing officer (with- in the meaning of section 3 of the Search and Surveillance Act 2012) may issue a warrant to a person appointed under section 66E(2) if the issuing officer is satisfied, on application made in the manner provided in subpart 3 of Part 4 of that Act”.
(2) Section 66I is amended by adding the following subsection as subsection (2): 156 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 299 (2) (3) (4) (5) (6) (3) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply.

Section 66J is repealed.


Section 106(1) is amended by omitting “A Judge of the High Court who is satisfied, on application in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satisfied, on application made in the manner provided in subpart 3 of Part 4 of that Act”.
Section 106(2) is amended by omitting “A Judge of the High Court who is satisfied, on application in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satisfied, on an application made in the manner provided in sub- part 3 of Part 4 of that Act”.
Section 106 is amended by repealing subsection (3) and substituting the fol- lowing subsection: Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) applies.
298 Further amendments to Reserve Bank of New Zealand Act 1989 (1) (2) (2) (3) (4) (5) (6) Section 157ZM(1) is amended by omitting “A Judge of the High Court or a District Court Judge may issue a search warrant in terms of clause 5 of Sched- ule 4 to a person appointed under section 157ZJ(2)(b) if the Judge” and substi- tuting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant to a person appointed under section 157ZJ(2)(b) if the issuing officer”.
Section 157ZM is amended by repealing subsection (2) and substituting the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply.

Section 157ZN(1)(b) is amended by omitting “; and”.

Section 157ZN(1)(c) is repealed.

Section 157ZN(3)(b) is repealed.

Section 157ZN(3)(c) is amended by omitting “or a search warrant issued under section 157ZM”.

(7) Schedule 4 is repealed.


Amendments to Reserves Act 1977 299 Amendments to Reserves Act 1977 (1) This section amends the Reserves Act 1977.
157 Part 5 s 300 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (2) Section 93 is amended by repealing subsection (5) and substituting the follow- ing subsection: (5) In this section, officer means— (a) (b) any ranger or constable; and any officer or employee of an administering body who is authorised by that body to exercise the powers of an officer under this Part.
(3) Section 95(1) is amended by omitting “, and shall be retained by the adminis- tering body, or by the Commissioner if there is no administering body, pending the trial of that person for the offence in respect of which it was seized”.

(4) Section 95(2) is amended by— (a) omitting “then” and substituting “then, despite subpart 6 of Part 4 of the Search and Surveillance Act 2012,”; and (b) repealing paragraph (c).
(5) Section 95 is amended by repealing subsection (6) and substituting the follow- ing subsections: (6) Any firearm, trap, net, or other like object found illegally in the possession of any person in any reserve, and any tool or instrument or other equipment found in the possession of any person in any reserve and used in committing an of- fence in the reserve may be seized by any officer (within the meaning of sec- tion 93(5)).
(6A) Subject to subsection (2), the provisions of Part 4 of the Search and Surveil- lance Act 2012 (except subpart 3) apply in respect of the seizure of any thing under this section.

(6) (2) Section 100 is amended by repealing subsection (2) and substituting the fol- lowing subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3) apply in respect of any entry, search, or seizure conducted under this section.
Amendments to Resource Management Act 1991 300 Amendments to Resource Management Act 1991 This section amends the Resource Management Act 1991.
Section 334(1) is amended by— (a) omitting “Any District Court Judge or any duly authorised Justice or any Community Magistrate or Registrar who, on an application in writing made on oath,” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an appli- cation made in the manner provided in subpart 3 of Part 4 of that Act,”; and (1) (2) 158 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 302 (b) omitting “on one occasion within 14 days of the date of issue of the war- rant and at any time which is reasonable in the circumstances”.
(3) Section 334 is amended by repealing subsections (2) and (3) and substituting the following subsections: (2) The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(3) Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

(4) (5) (6) The heading to section 335 is amended by omitting “Content and effect” and substituting “Direction and execution”.

Section 335 is amended by repealing subsections (2) to (5).
Sections 336 and 337 and the heading above section 336 are repealed.

Amendments to Sale of Liquor Act 1989 301 Amendments to Sale of Liquor Act 1989 (1) (2) This section amends the Sale of Liquor Act 1989.
Section 177(1) is amended by— (a) omitting “any District Court Judge, Justice, or Community Magistrate, or any Registrar (not being a constable), is satisfied, on application in writing made on oath” and substituting “an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) is satis- fied, on an application made by a constable in the manner provided in subpart 3 of Part 4 of that Act”; and (b) omitting “Judge, Justice, Community Magistrate, or Registrar” and sub- stituting “issuing officer”.
(3) Section 177 is amended by repealing subsections (2) to (9) and substituting the following subsection: (2) The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

Amendments to Tax Administration Act 1994 302 Amendments to Tax Administration Act 1994 (1) (2) (3) This section amends the Tax Administration Act 1994.
Section 3(1) is amended by repealing the definition of judicial officer and sub- stituting the following definition: issuing officer is defined in sections 16(7) and 16C(8) for the purposes of those sections Section 16(2) is amended by omitting “The occupier of land” and substituting “Despite section 103(3)(b)(ii) of the Search and Surveillance Act 2012, the oc- cupier of land”.
159 Part 5 s 303 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (4) Section 16(4) is amended by omitting “A judicial officer who, on written appli- cation made on oath” and substituting “An issuing officer who, on application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012”.
(5) Section 16(5) is amended by repealing paragraph (c) and substituting the fol- lowing paragraph: (c) is valid for a period not exceeding 14 days from the date of its issue or a period not exceeding 30 days from the date of its issue if the issuing offi- cer is satisfied that a period of longer than 14 days is necessary for exe- cution; and (6) Section 16 is amended by inserting the following subsection after subsection (6): (6A) The provisions of subparts 1, 3, 4, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 (except sections 118, 119, and 130(4)) apply.
(7) Section 16(7) is amended by omitting the definition of judicial officer and substituting the following definition: issuing officer has the same meaning as in section 3 of the Search and Surveil- lance Act 2012 (8) Section 16C(2) is amended by— (a) (b) omitting “A judicial officer” and substituting “An issuing officer”; and omitting “on written application made on oath, the judicial officer” and substituting “on application made in the manner provided for an applica- tion for a search warrant in subpart 3 of Part 4 of the Search and Surveil- lance Act 2012, the issuing officer”.
(9) (8) (9) Section 16C is amended by repealing subsection (8) and substituting the fol- lowing subsections: The provisions of subparts 1, 3, 4, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 (except sections 118, 119, and 130(4)) apply.

In this section, issuing officer has the same meaning as in section 3 of the Search and Surveillance Act 2012.
(10) Section 20(1) is amended by omitting “Subject to subsections (2) and (3)” and substituting “Despite anything in the Search and Surveillance Act 2012, but subject to subsections (2) and (3)”.

(11) Section 20B(1) is amended by omitting “A person” and substituting “Despite anything in the Search and Surveillance Act 2012, a person”.

Amendments to Trade in Endangered Species Act 1989 303 Amendments to Trade in Endangered Species Act 1989 (1) This section amends the Trade in Endangered Species Act 1989.
160 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 304 (2) (3) (8) Section 37(3) and (4) are repealed.

Section 37 is amended by adding the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3) apply.
(4) Section 38(2) is amended by— (a) omitting “District Court Judge or Justice of the Peace or Community Magistrate or Registrar of any Court (not being a member of the Police), who, on application by an officer in writing made on oath” and substitut- ing “issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on application made in the manner provi- ded in subpart 3 of Part 4 of that Act”; and (b) omitting “; and the provisions of subsections (3) to (8) of section 198 of the Summary Proceedings Act 1957 shall apply accordingly”.
(5) (4) (6) Section 38 is amended by adding the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

Section 38A is amended by omitting “149C(1) and (2), 149D”, and substituting “149C(1) to (3)”.

Amendments to Unsolicited Electronic Messages Act 2007 304 Amendments to Unsolicited Electronic Messages Act 2007 (1) (2) (3) (4) (5) (6) This section amends the Unsolicited Electronic Messages Act 2007.
Section 51(1) is amended by inserting “in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012” after “may apply”.

Section 51(2) is repealed.

Section 51(3) is amended by omitting “in writing and on oath to the District Court” and substituting “to an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012)”.

Section 51(4) is amended by omitting “District Court” and substituting “issuing officer”.
Section 51 is amended by repealing subsection (5) and adding the following subsections: (5) The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(6) Despite subsection (5), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

(7) Sections 52 to 56 and 58(j) are repealed.


161 Part 5 s 305 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Amendments to Waste Minimisation Act 2008 305 Amendments to Waste Minimisation Act 2008 Sections 306 and 307 amend the Waste Minimisation Act 2008.

306 Amendments to Waste Minimisation Act 2008 (1) (2) (3) Section 65(3)(b) is amended by omitting “an enforcement officer acting under section 78 or” in each place where it appears.

Sections 77 and 78 are repealed.


Section 79 is amended by inserting the following subsection after subsection (2): (2A) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 3 and sections 118 and 119) apply.
(4) Section 80 is amended by repealing subsection (2) and substituting the follow- ing subsection: (2) An issuing officer (within the meaning of section 3 of the Search and Surveil- lance Act 2012) may, on the application of an enforcement officer made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act, issue a warrant authorising the enforcement officer to enter the dwellinghouse or marae specified in the application.
(5) (6) (7) (8) Section 80(3) is amended by omitting “judicial officer” and substituting “issu- ing officer”.

Section 80(3)(a)(ii) is amended by omitting “; and”.

Section 80(3)(b) is repealed.

Section 80 is amended by inserting the following subsection after subsection (3): (3A) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply as if a warrant issued under subsection (2) were a search warrant.
307 Other amendments to Waste Minimisation Act 2008 Section 82(1) is amended by omitting “A judicial officer” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012)”.

Section 82(2)(a) is amended by omitting “in writing and on oath” and substitut- ing “in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012”.
Section 82(2)(b) is amended by omitting “judicial officer” and substituting “is- suing officer”.

Section 82 is amended by repealing subsection (3) and substituting the follow- ing subsections: (1) (2) (3) (4) 162 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 308 (3) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply as if a warrant issued under subsection (1) were a search warrant.
(4) An enforcement officer executing a warrant issued under this section must be (5) (6) (7) (8) accompanied by a member of the Police.

Section 83 is repealed.

Section 84(1) is amended by omitting “or 82”.

The heading to section 85 is amended by inserting “under section 81” after “impounded”.

Section 85(1) is amended by inserting “seized or impounded under section 81” after “property”.
Amendments to Wild Animal Control Act 1977 308 Amendments to Wild Animal Control Act 1977 (1) (2) This section amends the Wild Animal Control Act 1977.

Section 12(10) is amended by— (a) (b) omitting “, on production of his warrant of appointment if so required,”; and omitting from the proviso “under the hand of a District Court Judge” and substituting “in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012 by an issuing officer (within the meaning of section 3 of that Act)”.
(3) Section 12(11) is amended by— (a) (b) omitting “District Court Judge or Justice of the Peace or Community Magistrate who is satisfied on oath that there is probable cause to sus- pect” and substituting “issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satisfied that there are reasonable grounds to believe”; and omitting “at such time or times of the day as are mentioned in the war- rant, but no such warrant shall continue in force for more than 14 days from the date thereof”.
(4) Section 12 is amended by adding the following subsection: (13) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply.

(5) (6) Section 13(1) is amended by omitting “, on production of his warrant of ap- pointment if so required,”.
Section 13 is amended by inserting the following subsection after subsection (5): 163 Part 5 s 309 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (5A) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- parts 2 and 3, and sections 118 and 119) apply in respect of the powers in sub- section (1).
(7) Section 13(6) is amended by— (a) (b) omitting “, on production of his warrant of appointment if so required,”; and omitting “under the hand of a District Court Judge or Justice of the Peace or Community Magistrate” and substituting “issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012)”.
(8) Section 13(7) is amended by— (a) (b) omitting “District Court Judge or Justice of the Peace or Community Magistrate who is satisfied on oath that there is probable cause to sus- pect” and substituting “issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satisfied that there are reasonable grounds to believe”; and omitting “at such time or times of the day as are mentioned in the war- rant, but no such warrant shall continue in force for more than 14 days from the date thereof”.
(9) Section 13 is amended by adding the following subsection: (10) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply.

(10) The proviso to section 14(2) is amended by omitting “under the hand of a Dis- trict Court Judge or Justice of the Peace or Community Magistrate” and substi- tuting “issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012)”.
(11) Section 14 is amended by adding the following subsection: (3) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply.

Amendments to Wildlife Act 1953 309 Amendments to Wildlife Act 1953 This section amends the Wildlife Act 1953.
The proviso to section 39(1)(f) is amended by— (a) omitting “Justice or Community Magistrate who is satisfied on oath that there is probable cause to suspect” and substituting “issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satisfied on reasonable grounds”; and (1) (2) 164 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 310 (b) omitting “at such time or times in the day or night as are mentioned in the warrant, but no such warrant shall continue in force for more than 14 days from the date thereof”.
(3) (3) (4) Section 39 is amended by adding the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply.

Section 56A is amended by omitting “149C(1) and (2), 149D”, and substituting “149C(1) to (3)”.

Amendments to Wine Act 2003 310 Amendments to Wine Act 2003 (1) (2) (3) (4) (3) (5) This section amends the Wine Act 2003.

Section 62(1) is amended by omitting “at any reasonable time”.
Section 62(2) is amended by omitting “, at any time that is reasonable in the circumstances”.

Section 62 is amended by repealing subsections (3) and (4) and substituting the following subsection: The provisions of subparts 1, 4, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 (except sections 118 and 119) apply in respect of the exer- cise of any powers under this section.
Section 63 is amended by inserting the following subsection after subsection (2): (2A) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- parts 2, 3, and 8, and sections 118 and 119) apply.

(6) Section 63(3) is amended by omitting “this section” and substituting “any of paragraphs (c) to (f) of subsection (1)”.
(7) Section 65(1) is amended by— (a) (b) omitting “Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant, in the form set out in Schedule 1” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant”; and omitting “on application in writing made on oath” and substituting “on an application by a constable or a wine officer made in the manner pro- vided in subpart 3 of Part 4 of the Search and Surveillance Act 2012”.
(8) (2) Section 65 is amended by repealing subsection (2) and substituting the follow- ing subsection: Subject to section 66, the provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply.
165 Part 5 s 311 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (9) Section 66 is amended by repealing subsection (1) and substituting the follow- ing subsection: (1) Without limiting the powers conferred by any search warrant issued under sec- tion 65(1), every warrant issued under that section authorises the constable or wine officer who is executing it, and any person called on by that constable or officer to assist, to exercise— (a) (b) all the powers of a wine officer under sections 63 and 64; or only such of those powers as are specified in the warrant.
(10) Section 66 is amended by repealing subsections (2) and (4).

(11) Section 67 is amended by repealing subsections (1) to (3).
(12) Section 68 is amended by— (a) omitting “Section 199 of the Summary Proceedings Act 1957 applies to any property seized by a constable under a search warrant and, with any necessary modifications, to” and substituting “Subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of any property seized by a constable under a search warrant and, with any necessary modifications, in respect of”; and (b) repealing paragraphs (a) to (c).

(13) Schedule 1 is repealed.


Subpart 2—Amendments to search and seizure powers in other enactments (and to related provisions) used for regulatory purposes Amendments to Anti-Personnel Mines Prohibition Act 1998 311 Amendments to Anti-Personnel Mines Prohibition Act 1998 This section amends the Anti-Personnel Mines Prohibition Act 1998.
Section 22(1) is amended by omitting “A District Court Judge, Justice, Com- munity Magistrate, or Registrar (not being a member of the police), who, on an application,” and substituting “An issuing officer (within the meaning of sec- tion 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012,”.

Section 22(2) is amended by repealing paragraph (b).
Section 22 is amended by repealing subsection (4) and substituting the follow- ing subsection: The provisions of subparts 1, 3, 4, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply.

(1) (2) (3) (4) (4) 166 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 314 Amendments to Chemical Weapons (Prohibition) Act 1996 312 Amendments to Chemical Weapons (Prohibition) Act 1996 (1) (2) (3) (4) This section amends the Chemical Weapons (Prohibition) Act 1996.
Section 23(2) is amended by— (a) (b) omitting “a District Court Judge, duly authorised Justice, a Community Magistrate, or a Registrar (not being a member of the Police)” and sub- stituting “an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012)”; and omitting “, unconditionally or subject to conditions, a warrant author- ising the entry of the place, at any time within 14 days of the issue of the warrant (or within such further time as may be specified in the warrant)” and substituting “a warrant authorising the entry of the place”.
Section 23 is amended by adding the following subsection: Subject to subsection (3), the provisions of subparts 3 and 4 of Part 4 of the Search and Surveillance Act 2012 apply.

(4) Sections 24 and 25 are repealed.

Amendments to Commerce Act 1986 313 Amendments to Commerce Act 1986 (1) (2) (3) (3) (4) (5) (6) This section amends the Commerce Act 1986.
Section 98A(2) is amended by omitting “A District Court Judge, Justice, or Community Magistrate, or a Court Registrar (not being a constable) who is satisfied on application made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satisfied, on an application made in the manner provided in subpart 3 of Part 4 of that Act”.
Section 98A is amended by repealing subsection (3) and substituting the fol- lowing subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply, with any necessary modifications.

Section 98A(4) is amended by adding “of this Act”.

Sections 98B to 98F are repealed.

Section 98G is amended by omitting “to 98F” and substituting “and 98A”.
Amendment to Credit Contracts and Consumer Finance Act 2003 314 Amendment to Credit Contracts and Consumer Finance Act 2003 (1) This section amends the Credit Contracts and Consumer Finance Act 2003.

167 Part 5 s 315 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (2) Section 113(d) is amended by omitting “98A to 98G” and substituting “98A and 98G”.

Amendments to Electricity Act 1992 315 Amendments to Electricity Act 1992 (1) (2) (3) (5) This section amends the Electricity Act 1992.
Section 159(1) is amended by repealing paragraph (e) and substituting the fol- lowing paragraph: (e) entry into a dwellinghouse must be authorised by a warrant issued by an issuing officer (within the meaning of section 3 of the Search and Sur- veillance Act 2012) on an application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012.
Section 159 is amended by adding the following subsection: Subparts 1, 3, 5, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of an application for, and issue of, a warrant under subsection (1)(e).

Amendments to Fair Trading Act 1986 316 Amendments to Fair Trading Act 1986 (1) (2) (3) (3) This section amends the Fair Trading Act 1986.
Section 47(2) is amended by— (a) omitting “A District Court Judge, Justice, Community Magistrate, or Court Registrar (not being a constable)” and substituting “An issuing of- ficer (within the meaning of section 3 of the Search and Surveillance Act 2012)”; and (b) omitting “on oath” and substituting “in the manner provided for an ap- plication for a search warrant in subpart 3 of Part 4 of that Act”.
Section 47 is amended by repealing subsection (3) and substituting the follow- ing subsection: Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) applies.

(4) Sections 47A to 47E are repealed.

Amendments to Forests Act 1949 317 Amendments to Forests Act 1949 (1) This section amends the Forests Act 1949.
168 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 318 (2) (3) (2) (4) (5) (6) (7) (8) (9) (3) Section 67D(1)(e) is amended by substituting “in accordance with section 67S and the provisions of subparts 1, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012” for “under section 67S”.
Section 67R is amended by adding the following subsection as subsection (2): The provisions of Part 4 of the Search and Surveillance Act 2012 (except for subparts 2 and 3, sections 118 and 119, and subparts 5 and 8) apply.

Section 67S is amended by repealing subsections (1), and (3) to (7).

Section 71B(1) is amended by omitting “subject to the following conditions” and substituting “subject to Part 4 of the Search and Surveillance Act 2012 and to the following conditions”.
Section 71B(1)(b) to (d) and (f) are repealed.

Section 71B(1)(e) is amended by omitting “on oath by an authorised person to a District Court Judge, Justice of the Peace, Community Magistrate, or Regis- trar or Deputy Registrar of any Court” and substituting “in the manner provi- ded for an application for a search warrant in Part 4 of the Search and Surveil- lance Act 2012 by an authorised person to an issuing officer”.
Section 71B(2) is amended by inserting “and the conditions set out in Part 4 of the Search and Surveillance Act 2012 relating to time of entry, notification of intention to enter, and evidence of identification or authorisation to enter,” after “that subsection,”.

Section 71B is amended by adding the following subsections: The provisions of Part 4 of the Search and Surveillance Act 2012 apply.
(4) Despite subsection (3), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

Amendments to Gas Act 1992 318 Amendments to Gas Act 1992 (1) (2) (3) (4) (8) This section amends the Gas Act 1992.

Section 43W(6) is amended by omitting “by written application on oath” and substituting “by application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012”.
Section 43W(7) is amended by omitting “A District Court Judge, Justice, or Community Magistrate, or a Court Registrar (not being a constable)” and sub- stituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012)”.

Section 43W is amended by adding the following subsection: The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply.
169 Part 5 s 319 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (5) Section 50(1) is amended by repealing paragraph (e) and substituting the fol- lowing paragraph: (e) entry into a dwellinghouse must be authorised by a warrant issued by an issuing officer (within the meaning of section 3 of the Search and Sur- veillance Act 2012) on an application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012.
(6) Section 50 is amended by inserting the following subsection after subsection (1): (1A) Subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of an application for, and issue of, a warrant under subsection (1)(e).

Amendments to International Energy Agreement Act 1976 319 Amendments to International Energy Agreement Act 1976 Sections 320 and 321 amend the International Energy Agreement Act 1976.
320 Power of entry Section 9(3) is amended by omitting “Without limiting or restricting the appli- cation of sections 198 and 199 of the Summary Proceedings Act 1957,”.
321 New section 11 substituted Section 11 is repealed and the following section substituted: 11 (1) (2) (3) Search warrants If an offence created by or under this Act has been committed or is suspected of having been committed (notwithstanding that the offence is not punishable by imprisonment), any person authorised in writing by the chief executive may exercise the powers of a constable to apply for a warrant under section 6 of the Search and Surveillance Act 2012.
Subparts 1, 3, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.

For the purposes of this section, chief executive means the chief executive of the department that, with the authority of the Prime Minister, is responsible for the administration of this Act.

Amendments to Weights and Measures Act 1987 322 Amendments to Weights and Measures Act 1987 This section amends the Weights and Measures Act 1987.
Section 28(3) is amended— (1) (2) 170 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 324 (a) by omitting “Any District Court Judge, Justice, or Community Magis- trate, or any Registrar (not being a constable), who, on an application in writing made on oath,” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012,”; and (3) (7) (b) by omitting “in the prescribed form”.
Section 28 is amended by adding the following subsection: The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Sur- veillance Act 2012 apply.

Subpart 3—Other repeals and amendments Amendments to Arms Act 1983 323 Arms Act 1983 amended (1) (2) This section amends the Arms Act 1983.

The heading above section 60 and sections 60 to 61 are repealed.

Amendments to Corrections Act 2004 324 Corrections Act 2004 amended (1) (2) (3) This section amends the Corrections Act 2004.
Section 23(1) is amended by omitting “314A to 314D of the Crimes Act 1961” and substituting “121, 128, 129, and 177 of the Search and Surveillance Act 2012”.
Section 23(3) is amended by repealing paragraph (a) and substituting the fol- lowing paragraph: (a) section 18 of the Misuse of Drugs Act 1975 (which confers powers of search and seizure): (4) Section 23(3) is amended by repealing paragraph (d) and substituting the fol- lowing paragraphs: (d) (e) section 23 of the Search and Surveillance Act 2012 (which confers powers in relation to internal searches): sections 48 and 49 of the Search and Surveillance Act 2012 (which con- fer powers in relation to surveillance devices).
(5) Section 103(2) is amended by— (a) (b) omitting “or section 18A”; and adding “or section 23 of the Search and Surveillance Act 2012”.

171 Part 5 s 325 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Amendments to Crimes Act 1961 325 Crimes Act 1961 amended (1) (2) (3) (4) (5) (6) (7) This section amends the Crimes Act 1961.

Section 1(3) is amended by omitting “Part 11A—Obtaining evidence by listen- ing devices (sections 312A to 312Q)”.
Section 2(1) is amended by inserting the following definition in its appropriate alphabetical order: serious violent offence means any offence— (a) that is punishable by a period of imprisonment for a term of 7 years or more; and (b) where the conduct constituting the offence involves— (i) (ii) (iii) (iv) loss of a person’s life or serious risk of loss of a person’s life; or serious injury to a person or serious risk of serious injury to a per- son; or serious damage to property in circumstances endangering the physical safety of any person; or perverting the course of justice, where the purpose of the conduct is to prevent, seriously hinder, or seriously obstruct the detection, investigation, or prosecution of any offence— (A) (B) that is punishable by a period of imprisonment for a term of 7 years or more; and that involved, involves, or would involve conduct of the kind referred to in any of subparagraphs (i) to (iii) Section 78D is repealed.
Section 98A(2) is amended by omitting “(within the meaning of section 312A(1))” in each place where it appears.

Sections 202B, 224, 225, the heading above section 314A, sections 314A to 314D, and sections 317 to 317B are repealed.

Section 216F is amended by repealing subsection (1) and substituting the fol- lowing subsection: (1) An unlawful disclosure is the intentional and unauthorised disclosure of any information gained when undertaking maintenance of a communication ser- vice.
(8) Section 216F(2) is amended by omitting “subsection (1)(b)(i)” and substituting “subsection (1)”.

(9) Part 11A is repealed.

(10) Section 216B(2)(b) is amended by repealing subparagraph (i) and substituting the following subparagraph: 172 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 327 (i) the Search and Surveillance Act 2012; or (11) Section 216B(2)(b) is amended by repealing subparagraph (iv).

(12) Section 216B(3) is repealed.


(13) Section 216B(7) is amended by omitting “an interception warrant” and substi- tuting “a surveillance device warrant issued under the Search and Surveillance Act 2012”.

Amendments to Crimes Amendment Act (No 4) 2011 326 Amendments to Crimes Amendment Act (No 4) 2011 (1) (2) This section amends the Crimes Amendment Act (No 4) 2011.

The items relating to sections 312I(2), 312K(2), 314D(1), 317AB(1), and 317B(7) of the principal Act in the Schedule are omitted.
Amendments to Criminal Procedure Act 2011 327 Amendments to Criminal Procedure Act 2011 (1) (2) This section amends the Criminal Procedure Act 2011.
The following items in Schedule 3 are omitted: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) the item relating to section 137(2) of the Animal Welfare Act 1999; and the item relating to section 61(1) of the Arms Act 1983; and the item relating to section 46(4) of the Conservation Act 1987; and the items relating to sections 16(1)(a), 16(1)(b), 20, and 21(a) of the Driftnet Prohibition Act 1991; and the item relating to section 118(5)(a) of the Films, Videos, and Publica- tions Classification Act 1993; and the item relating to section 51(5)(a) of the Financial Transactions Re- porting Act 1996; and the items relating to sections 207(4), 208(1), 209(a), 209(b), and 210(1)(a), and 210(2) of the Fisheries Act 1996; and the items relating to sections 67S(3), 67S(4), 67S(6), and 67S(7) of the Forests Act 1949; and the items relating to Schedule 2 of the Insurance (Prudential Supervi- sion) Act 2010; and the items relating to sections 18A(3), 18B(1), 18C(a), 18C(b), 18D(1)(a), and 18D(2) of the Marine Reserves Act 1971; and the item relating to section 18A(4) of the Misuse of Drugs Act 1975; and the items relating to sections 21(2) and 23(2) of the Misuse of Drugs Amendment Act 1978; and 173 Part 5 s 328 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (m) (n) (o) the item relating to section 140(1)(a) of the Motor Vehicle Sales Act 2003; and the items relating to the Telecommunications (Residual Provisions) Act 1987; and the item relating to section 54(6) of the Unsolicited Electronic Messages Act 2007.
Amendment to District Courts Act 1947 328 District Courts Act 1947 amended Section 329 amends the District Courts Act 1947.

329 New section 17A substituted Section 17A is repealed and the following section substituted: 17A Sections 121, 128, and 129 of Search and Surveillance Act 2012 inapplicable to bailiffs Sections 121, 128, and 129 of the Search and Surveillance Act 2012 (which re- late to a general power to stop vehicles) do not apply to any bailiff.
Amendment to Health Act 1956 330 Health Act 1956 amended (1) (2) (5) This section amends the Health Act 1956.

Section 71A is amended by repealing subsection (5) and substituting the fol- lowing subsection: Sections 128, 129, and 177 of the Search and Surveillance Act 2012, with any necessary modifications, apply to the powers conferred by subsection (2)(c).

Amendments to Misuse of Drugs Act 1975 331 Misuse of Drugs Act 1975 amended Sections 332 and 333 amend the Misuse of Drugs Act 1975.
332 New section 18 substituted Sections 18 and 18A are repealed and the following section is substituted: Seizing and destroying prohibited plants and seeds The following persons may take any or all of the actions described in subsec- tion (2): (a) (b) (c) a constable: a Customs officer: an officer of the Ministry of Health: 18 (1) 174 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 335 (d) (e) a Medical Officer of Health: an assistant thought to be necessary by any of the persons in paragraphs (a) to (d).
(2) The actions are to seize and destroy any of the following: (a) a prohibited plant that is not being cultivated in accordance with— (i) (ii) the conditions of a licence granted under this Act; or regulations made under this Act: (b) the seed of a prohibited plant that is not in the possession of a person— (i) (ii) authorised under this Act to cultivate the plant; or permitted by regulations made under this Act to have the seed in his or her possession.
333 Application of Customs and Excise Act 1996 Section 36(1) is amended by omitting “149C(1) and (2), 149D, 151, 152, 161, 165 to 172” and substituting “149C(1) to (3), 151, 152, 161, 166A to 167”.

Amendments to Misuse of Drugs Amendment Act 1978 334 Misuse of Drugs Amendment Act 1978 amended (1) (2) (3) (4) (5) (6) (7) This section amends the Misuse of Drugs Amendment Act 1978.

Section 12(1)(b) is amended by omitting “package or goods” and substituting “package, goods, or mail”.
Section 12 is amended by inserting the following paragraphs after paragraph (b): (ba) allow the package, goods, or mail to be delivered by a person who has agreed to co-operate with Customs; or (bb) deliver the package, goods, or mail; or Section 12(1)(c) is amended by omitting “goods or mail” and substituting “package, goods, or mail”.

Section 12(2) is amended by omitting “goods or mail” in each place where it appears and substituting in each case “package, goods, or mail”.
Sections 12A to 12C are repealed.

Sections 14 to 29 are repealed.

Amendment to Mutual Assistance in Criminal Matters Act 1992 335 Mutual Assistance in Criminal Matters Act 1992 amended (1) (2) This section amends the Mutual Assistance in Criminal Matters Act 1992.
Section 43(2) is amended by omitting “in writing, to apply to a District Court Judge for a search warrant in accordance with section 44” and substituting “to 175 Part 5 s 336 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (3) (4) (3) (5) (6) apply to an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) for a search warrant in accordance with section 44 of this Act”.
Section 44(1) is amended by omitting “Any District Court Judge who, on an application in writing made an oath” and substituting “An issuing officer who, on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012”.

Section 44 is amended by adding the following subsection: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub- part 6) apply.

Sections 45 to 48 are repealed.


Section 46A is amended by omitting “314B to 314D of the Crimes Act 1961 apply with any necessary modifications as if references in those sections to a statutory search power are” and substituting “121, 128, 129, and 177 of the Search and Surveillance Act 2012 apply with any necessary modifications as if references in those sections to a power to stop or search a vehicle conferred under that Act were”.
Amendments to Policing Act 2008 336 Policing Act 2008 amended (1) (2) (3) (4) (5) (6) This section amends the Policing Act 2008.

Sections 37 to 39 are repealed.

Clause 1(a) of Schedule 1 is amended by omitting “36, and 37” and substitut- ing “and 36”.
Clause 1 of Schedule 1 is amended by inserting the following paragraph after paragraph (a): (ab) the powers of a constable under section 11 of the Search and Surveil- lance Act 2012: Clause 4(e) of Schedule 1 is amended by omitting “32, 33, and 37” and substi- tuting “32 and 33”.
Clause 4 of Schedule 1 is amended by inserting the following paragraph after paragraph (e): (ea) the powers of a constable under section 11 of the Search and Surveil- lance Act 2012: (7) Clause 5 of Schedule 1 is amended by omitting “314B of the Crimes Act 1961” and substituting “121 of the Search and Surveillance Act 2012”.
176 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 340 Amendments to Summary Proceedings Act 1957 337 Summary Proceedings Act 1957 amended (1) (2) (3) (4) (5) This section amends the Summary Proceedings Act 1957.

Section 3(1)(h) is repealed.

The heading above section 198 and sections 198 to 200 are repealed.

The heading above section 200A and sections 200A to 200P are repealed.
Part 2 of Schedule 1 is amended by inserting the following item after the item relating to the Sales Tax Act 1974: Search and Surveillance Act 2012 173 174 Failing to comply with examination order Failing to comply with production order Amendments to Summary Proceedings Amendment Act (No 2) 2011 338 Amendments to Summary Proceedings Amendment Act (No 2) 2011 (1) (2) This section amends the Summary Proceedings Amendment Act (No 2) 2011.
The items relating to sections 198B(6) and 199(4)(a) of the principal Act in the Schedule are omitted.

Amendment to Telecommunications Act 2001 339 Telecommunications Act 2001 amended (1) (2) This section amends the Telecommunications Act 2001.

Section 15(g) is amended by omitting “to 98G” and substituting “and 98G”.
Amendment to Telecommunications (Interception Capability) Act 2004 340 Telecommunications (Interception Capability) Act 2004 amended (1) (2) This section amends the Telecommunications (Interception Capability) Act 2004.
Section 3(1) is amended by repealing the definition of interception warrant and substituting the following definition: interception warrant means a warrant that is issued under any of the follow- ing enactments: (a) (b) (c) section 53 of the Search and Surveillance Act 2012: section 4A(1) or (2) of the New Zealand Security Intelligence Service Act 1969: section 17 of the Government Communications Security Bureau Act 2003 177 Part 5 s 341 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Repeal of Telecommunications (Residual Provisions) Act 1987 341 Telecommunications (Residual Provisions) Act 1987 repealed The Telecommunications (Residual Provisions) Act 1987 (1987 No 116) is re- pealed.
Subpart 4—Regulation-making powers, transitional provisions, and review provision 342 Regulations (1) The Governor-General may, by Order in Council, make regulations for any or all of the following purposes: (a) (b) (c) (d) prescribing the form of an examination order, a surveillance device war- rant, declaratory order, production order, search warrant, warrant author- ising entry to a dwellinghouse or marae, or similar kinds of warrants: prescribing procedures to be followed for the purposes of making and re- solving claims of privilege under subpart 5 of Part 4: authorising a chief executive to omit from any annual report information about search or surveillance generally, or of a particular kind, or in a par- ticular area, or in an area of a particular kind: providing for any other matters contemplated by the Act, necessary for its administration, or necessary for giving it full effect.
(2) Regulations made under subsection (1)(a) may do any or all of the following: (a) (b) (c) (d) prescribe different forms of warrant or order for use under different en- actments: prescribe any form of warrant or order by listing the minimum informa- tion requirements to be included: authorise a chief executive or any other specified person or class of per- son to authorise variations in the language, provisions, or format of any form of warrant or order in the warrant or order: authorise a chief executive or any other specified class of person to in- clude additional information in a prescribed form of warrant or order.
Transitional provisions 343 Transitional provision in relation to reporting requirements For the purposes of section 170, the period to be reported on in the first annual report published after the commencement of that section begins with the com- mencement of that section and ends with the end of the financial year or other period ordinarily the subject of the report.
For the purposes of section 171, the period to be reported on in the first annual report published after the commencement of that section begins with the com- (1) (2) 178 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 347 mencement of that section and ends with the end of the financial year or other period ordinarily the subject of the report.
344 Disclosure of prior warrants in applications for surveillance device warrants made in transitional period In the period commencing on the date of commencement of section 49(3)(a) and ending 3 months later, section 49(3)(a) must be read as if for the words “within the previous 3 months” there were substituted the words “since the commencement of this subsection”.
345 Disclosure of prior warrants in applications for search warrants In the period commencing on the date of commencement of section 98(3)(a) and ending 3 months later, section 98(3)(a) must be read as if for the words “within the previous 3 months” there were substituted the words “since the commencement of this subsection”.
346 Transitional provision relating to Part 11A of Crimes Act 1961 (1) Despite the repeal of Part 11A of the Crimes Act 1961 by this Act,— (a) (b) (c) where an application has been made under that Part before 18 April 2012, and the application is not finally determined before that date, that Part continues to apply to the application and to any matter or obligation relating to the application in all respects as if this Act (other than this section) had not been enacted; and that Part (except for section 312F) continues to apply to a continuing warrant or permit and to any matter or obligation relating to the continu- ing warrant or permit in all respects as if this Act (other than this sec- tion) had not been enacted; and section 312M of that Act continues to apply to private communications intercepted before 18 April 2012 in all respects as if this Act (other than this section) had not been enacted.
(2) In this section, continuing warrant or permit means an interception warrant or emergency permit issued under Part 11A of the Crimes Act 1961— (a) (b) before 18 April 2012; or on or after that date on an application made before that date.
347 Transitional provision relating to sections 14 to 29 of Misuse of Drugs Amendment Act 1978 (1) Despite the repeal of sections 14 to 29 of the Misuse of Drugs Amendment Act 1978 by this Act,— (a) where an application has been made under any of those sections before 18 April 2012 and the application is not finally determined before that date, those sections continue to apply to the application and to any 179 Part 5 s 348 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 matter or obligation relating to the application in all respects as if this Act (other than this section) had not been enacted; and (b) (c) those sections (except for section 18) continue to apply to a continuing warrant or permit and to any matter or obligation relating to the continu- ing warrant or permit in all respects as if this Act (other than this sec- tion) had not been enacted; and section 25 of that Act continues to apply to private communications in- tercepted before 18 April 2012 as if this Act (other than this section) had not been enacted.
(2) In this section, continuing warrant or permit means an interception warrant or emergency permit issued under sections 14 to 29 of the Misuse of Drugs Amendment Act 1978— (a) (b) before 18 April 2012; or on or after that date on an application made before that date.

348 Transitional provision in relation to sections 198 to 200 of Summary Proceedings Act 1957 [Expired] Section 348: expired, on 1 July 2014, by section 348(3).
349 Transitional provision relating to sections 200A to 200P of Summary Proceedings Act 1957 (1) Despite the repeal of sections 200A to 200P of the Summary Proceedings Act 1957 by this Act,— (a) (b) (c) where an application has been made under any of those sections before 18 April 2012, and the application is not finally determined before that date, those sections continue to apply to the application and to any matter or obligation relating to the application in all respects as if this Act (other than this section) had not been enacted; and those sections (except for section 200F) continue to apply to a continu- ing warrant and to any matter relating to the continuing warrant in all re- spects as if this Act (other than this section) had not been enacted; and those sections continue to apply to anything done, before 18 April 2012, under section 200G of that Act.
(2) In this section, continuing warrant means a tracking device warrant or a war- rant for removal of a tracking device issued under sections 200A to 200P of the Summary Proceedings Act 1957— before 18 April 2012; or on or after that date on an application made before that date.
(a) (b) 180 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 351 350 Transitional provision relating to covert video surveillance (1) For the purposes of assessing the lawfulness of a search (within the meaning of section 4 of the Temporary Act) under a continuing warrant, the search must be treated as if— (a) (b) (c) this Act (other than this section) had not been enacted; and sections 5 to 7 of the Temporary Act continued to apply; and for the words “before the close of the day that is 6 months after the date on which this Act comes into force” in section 5(1) of that Act there were substituted the words “while the continuing warrant is in force”.
(2) In this section,— continuing warrant means a warrant issued under section 198 of the Summa- ry Proceedings Act 1957— (a) (b) before 18 April 2012; or on or after that date on an application made before that date Temporary Act means the Video Camera Surveillance (Temporary Measures) Act 2011.
351 Transitional provision relating to provisions brought into force under section 2 (1) Despite any amendment in Part 5 of this Act,— (a) (b) (c) where an application has been made under an authorising Act before the relevant commencement, and the application is not finally determined before that date, the provisions of that Act continue to apply to the appli- cation and to any matter or obligation relating to the application in all respects as if this Act (other than this section and any provisions in force immediately before the relevant commencement) had not been enacted; and those provisions continue to apply to a continuing warrant and to any matter relating to the warrant in all respects as if this Act (other than this section and any provisions in force immediately before the relevant com- mencement) had not been enacted; and those provisions continue to apply to any other proceeding, matter, or thing commenced and not completed before the relevant commencement as if this Act (other than this section and any provisions in force immedi- ately before the relevant commencement) had not been enacted.
Subsection (1)(c) does not limit the provisions of the Interpretation Act 1999.
In this section,— authorising Act means an Act amended by Part 5 continuing warrant means a warrant or other authority issued under an authorising Act— (2) (3) 181 Part 5 s 352 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 (a) (b) before the relevant commencement; or on or after that date on an application made before that date relevant commencement, in relation to an authorising Act, means the com- mencement of a provision in Part 5 that amends an authorising Act.
352 Certain provisions deemed to be in force during transitional period (1) Until any provision of this Act specified in subsection (2) (a specified provi- sion) comes into force, the provision is deemed to be in force for the purposes only of any other provision of this Act that— (a) (b) is in force; and refers to the specified provision.
(2) The specified provisions are sections 14(2) and 18(2), the definition of docu- ment in section 79, sections 81(2)(a) to (d), 98(2), 99 to 101, 105, and 107, and columns 1 and 2 of the Schedule.
353 Certain provisions limited to matters covered in subpart 1 of Part 3 during transitional period (1) Until the date on which provisions of this Act are, for the first time, brought into force under section 2(2) or (3), any provision specified in subsection (2) (a specified provision) applies only to the extent that it is applicable to matters covered in subpart 1 of Part 3.

(2) The specified provisions are sections 148, 162, 165, 166, 167, 168, 169, 170, 171, 172, 175, 179, and 180.
354 Transitional provision relating to Criminal Procedure Act 2011 Until the commencement date (within the meaning of section 394 of the Crim- inal Procedure Act 2011),— (a) (b) (c) (d) (e) (f) section 13(3)(b) must be read as if the reference to section 377 of the Criminal Procedure Act 2011 were a reference to section 404 of the Crimes Act 1961; and section 18(3)(a) must be read as if the reference to a category 3 or cat- egory 4 offence were a reference to an indictable offence; and section 18(3)(b) must be read as if the reference to a category 3 or cat- egory 4 offence were a reference to an indictable offence; and section 24(4)(c) must be read as if the reference to the Criminal Proced- ure Act 2011 were a reference to the Summary Proceedings Act 1957; and section 48(2)(d)(i) must be read as if the reference to a category 3 or cat- egory 4 offence were a reference to an indictable offence; and section 107(2) must be read as if the reference to section 204 of the Summary Proceedings Act 1957 and section 379 of the Criminal Proced- 182 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Part 5 s 356 ure Act 2011 were a reference only to section 204 of the Summary Pro- ceedings Act 1957; and (g) (h) sections 173(2) and 174(2) must be read as if the offences prescribed in those sections were triable on indictment; and sections 175, 176, 177, 178, and 179(3) must be read as if the offences prescribed in those sections were punishable on summary conviction.
355 References to enforcement officer during transitional period (1) (2) If the New Zealand Customs Service is approved, under an Order in Council made under section 50(1), to undertake any activity specified in that subsec- tion, then the definition of enforcement officer in section 3(1) is, in the period commencing with the commencement of that order and ending on the first day on which all of sections 220 to 229 are in force, taken to include a Customs officer.
If the Department of Internal Affairs is approved, under an Order in Council made under section 50(1), to undertake any activity specified in that subsec- tion, then the definition of enforcement officer in section 3(1) is, in the period commencing with the commencement of that order and ending on the first day on which all of sections 241 to 244 are in force, taken to include an inspector within the meaning of section 2 of the Films, Videos, and Publications Classifi- cation Act 1993.
356 Regulations providing for transitional matters (1) The Governor-General may, by Order in Council, make regulations— (a) (b) (c) providing transitional and savings provisions concerning the coming into force of this Act, which may be in addition to or in place of the transi- tional and savings provisions of this Part: to facilitate the bringing into force of any regulations under this Act: providing that subject to such conditions as are specified in the regula- tions, during a specified transitional period,— (i) (ii) (iii) specified provisions of this Act (including definitions) do not apply: specified terms have the meanings given to them by the regula- tions: specified provisions repealed or amended by this Act are to con- tinue to apply: (d) providing for any other matters necessary for facilitating or ensuring an orderly transition from the provisions of any enactments replaced by this Act to the provisions of this Act.
(2) No regulations made under this section may be made, or continue in force, after 1 April 2017.
183 Part 5 s 357 Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Review provision 357 Review of operation of Act (1) The Minister of Justice must, not later than 30 June 2016, refer to the Law Commission and the Ministry of Justice for consideration the following mat- ters: (a) the operation of the provisions of this Act since the date of the com- mencement of this section: (b) whether those provisions should be retained or repealed: (c) if they should be retained, whether any amendments to this Act are necessary or desirable.
The Law Commission and the Ministry must report jointly on those matters to the Minister of Justice within 1 year of the date on which the reference occurs.

The Minister of Justice must present a copy of the report provided under this section to the House of Representatives as soon as practicable after receiving it.
(2) (3) 184 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Schedule Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2012 applies Column 1 Column 2 Column 3 Act Agricultural Com- pounds and Veterinary Medicines Act 1997 Section 64(1) and (2) 69(1) 71(1) Animal Products Act 1999 87(1) and (2) 88(1) 94(1) 97 Animal Welfare Act 1999 131(1) and (2) Brief description of power ACVM officer may enter and inspect transitional facility or biosecurity control area Constable or ACVM officer may obtain and execute search warrant to search for agricul- tural compounds or biological agents and related objects Constable or ACVM officer may dispose of property seized under search warrant issued under section 69(1) of Agricultural Compounds and Veterinary Medicines Act 1997 Animal product officer may enter place to determine whether person is complying with Animal Products Act 1999 or whether shellfish pose hazard to public health Animal product officer may examine things at place en- tered under section 87(1) or (2) of Animal Products Act 1999 Constable or animal product officer may obtain and exe- cute search warrant to search for offence against Animal Products Act 1999 or in relation to shellfish contaminants Constable or animal product officer may dispose of proper- ty seized under search warrant issued under section 94(1) of Animal Products Act 1999 Constable or animal welfare inspector may obtain and exe- cute search warrant to search for offence against Animal Welfare Act 1999 or to prevent or investi- gate suffering of animal evidence evidence of of s 89 Column 4 Which provisions in Part 4 apply All (except subparts 2, 3, and 8 and sections 118 and 119) All (except that sections 118 and 119 apply to constables only) Subparts 1, 5, 6, 7, and 10 Subparts 1, 4, 7, 9, and 10 (except sections 118 and 119) All (except subparts 2, 3, and 8 and sections 118 and 119) All (except that sections 118 and 119 apply to constables only) Subparts 1, 5, 6, 7, 9, and 10
 All (except that sections 118 and 119 apply to constables only) 185 Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply Subparts 1, 5, 6, 7, 9, and 10 All (except subparts 3 and 8) All All (except subparts 2 and 3) Subparts 1, 3, and 9 All (except subpart 3 and sections 118 and 119) Subparts 1, 3, 4, 7, 9, and 10 All (except subpart 3) Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Section 136(1) Antarctic Marine Liv- ing Resources Act 1981 9(1) Antarctica mental Act 1994 (Environ- Protection) 42(1) 43(1) Anti-Money Launder- ing and Countering Financing of Terror- ism Act 2009 117(1) and (3) 118 Anti-Personnel Mines Prohibition Act 1998 22 Aviation Crimes Act 1972 13(1) 186 Brief description of power Constable or animal welfare inspector may dispose of property seized under search warrant issued under section 131 of Animal Welfare Act 1999 or dispose of any animal taken under section 137 of that Act High seas fishery inspector may stop, enter, inspect, and examine vehicle, vessel, air- craft, or hovercraft for evi- dence of offence against Ant- arctic Marine Living Re- sources Act 1981 Special inspector may obtain and execute search warrant to search for evidence of offence against Antarctica (Environ- mental Protection) Act 1994 Special inspector may search without warrant for evidence of offence against Antarctica (Environmental Protection) Act 1994 in exigent circum- stances Enforcement officer or con- stable may obtain and execute search warrant to search for evidence of offence against Act or of failure to comply with requirement under Act Enforcement officer or con- stable executing search war- rant to inspect and copy docu- ments and require a person to produce documents, operate docu- equipment, ments, and answer questions Anti-personnel mines officer may obtain and execute search warrant to enter and inspect to exercise place function conferred by Anti- Personnel Mines Prohibition Act 1998 Constable may
 search person who declines to allow his or her luggage to be searched in circumstances where con- stable believes crime against Aviation Crimes Act 1972 has in order remove Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Section Biosecurity Act 1993 110(1) 111(1) 118(1) Boxing and Wrestling Act 1981 9 Chemical Weapons Act (Prohibition) 1996 Civil Aviation Act 1990 23 24(4) Commerce Act 1986 98A(2) Commodity Act 1990 Levies 19(1) Conservation 1987 Act 40(1) and (5) Brief description of power been, is being, or is likely to be committed Inspector or authorised person may obtain and execute search warrant to enter and inspect places for pests, pest agents, un- unwanted organisms, authorised goods, or risk goods, and to check activities carried out under Biosecurity Act 1993 Inspector or authorised person may obtain, and inspector, authorised person, or con- stable may execute, search warrant to search for evidence of offence against Biosecurity Act 1993 Person exercising power of search conferred by section 111 of Biosecurity Act 1993 may seize things Constable may obtain and execute search warrant to ob- tain evidence of offence against Boxing and Wrestling Act 1981 Constable or appointed person may apply for search warrant Authorised person may obtain and execute warrant to enter dwellinghouse or marae for purposes of exercising powers of inspection conferred on Director of Civil Aviation by Civil Aviation Act 1990 Authorised employee of Com- merce Commission may ob- tain and execute warrant to search for evidence of offence against most provisions of Commerce Act 1986 Constable or designated per- son may obtain and execute warrant to enter and search for evidence of offence against Commodity Levies Act 1990 Warranted officer may seize various things held in contra- vention of Conservation Act Column 4 Which provisions in Part 4 apply Subparts 1, 3, 7, 9, and 10 All (except sections 118 and 119) Subparts 1, 5, 6,
 7, 9, and 10 Subparts 1, 3, 4, 7, 9, and 10 Subparts 3 and 4 Subparts 1, 3, 4, 5, 7, 9, and 10 (except that sec- tions 118 and 119 apply to constables only) All (except sections 118 and 119) All (except that sections 118 and 119 apply to constables only) All (except subpart 3) 187 Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply Section 110 All (except sections 118 and 119) All (except subpart 6) All (except subpart 6) Subpart 3 Subpart 3 Sections 99 and 100 Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Section Coroners Act 2006 122 Credit Contracts and Finance Consumer Act 2003 113(d) Criminal (Recovery) Act 2009 Proceeds 59 71 101(1) 102(1) 104(1) 188 and Brief description of power 1987 exercise other powers; constable or warran- ted officer may seize thing in respect of which it is believed offence is being committed under Conservation Act 1987 Members of the Police may search specified place, craft, or vehicle if warrant issued Powers of Commerce Com- mission to search and seize under sections 98A and 98G of Commerce Act 1986 are applied to Credit Contracts and Consumer Finance Act 2003 (with any necessary modifications) Court may declare nature, ex- tent, and value of person’s in- terest in property specified in civil forfeiture order, and give directions Court may declare nature, ex- tent, and value of person’s in- terest in property specified in instrument forfeiture order, and give directions Member of Police may obtain and execute warrant to search any place or thing for instru- ment of crime or evidence of nature of person’s interest in or control over instrument of crime Commissioner of Police may obtain and execute warrant to search any place or thing for tainted property or evidence of person’s interest in tainted property or property that is subject of restraining order The Commissioner of Police may apply to a Judge for a production order if the Com- missioner has reason to be- lieve that a person
 has posses- sion or control of documents that are relevant to an investi- gation by the Commissioner under this Act or to any pro- ceedings under this Act.
Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Section 106(1) 108(1) 110(1) 114 127 146 Crown Minerals Act 1991 99B 99C Customs and Excise Act 1996 139(1)(d) 140 issue of for warrants Brief description of power The Commissioner of Police may apply to a Judge for an examination order.
Commissioner of Police may obtain and execute warrant to search any thing or place for documents or information re- quired to be produced or sup- plied under Act Official Assignee may obtain and execute warrant to search any place or thing for property that is or is likely to be subject of restraining order or that is subject of forfeiture order Application and search warrants Applications under sections 124 to 126 High Court may declare the nature, extent, and value of any person’s interest in prop- erty specified in a foreign for- feiture order Enforcement officer author- ised by Minister may inspect place or structure (other than dwellinghouse or marae) to determine whether permit, Crown Minerals Act 1991, or regulations made under that Act being complied with.
Constable or enforcement of- ficer authorised by Minister may obtain and execute search warrant to enter and search place or vehicle for evidence of offence against Crown Minerals Act 1991 or regula- tions made under that Act.
Customs officer and author- ised person may board craft if officer or authorised person has reasonable cause to sus- pect craft is involved in of- fence against Customs and Excise Act 1996 or is carrying dutiable, uncustomed, prohibi- ted, or forfeited goods Customs officer and author- ised person may search craft if Column 4 Which provisions in Part 4 apply Sections 99 and 100 Subpart 3 Subpart 3 All (except subpart 6) All (except subpart 6) All (except subpart 6) All (except sections 118 and 119) All (except sections 118 and 119 in the case of an enforcement officer) Subparts 1, 2, and 4 to 10 (except that sections 125(4), 131(5)(f), and 133 and subparts 6 and 8 do not apply to forfei- ted goods) Subparts 1, 2, and 4 to 10 (except that sections 125(4), 131(5)(f), and 189 Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Section 144 149B 149BA 149C 152 167(1) 190 Brief description of power officer or authorised person has reasonable cause to sus- pect craft is involved in of- fence against Customs and Excise Act 1996 or is carrying dutiable, uncustomed, prohibi- ted, or forfeited goods Customs officer or, in certain cases, constable may stop and detain vehicle to search it for various kinds of goods Customs officer or, in certain cases, constable may search person if officer or constable has reasonable cause to sus- pect that certain items are hid- den on or about that person and are evidence that the per- son has committed or is about to commit certain offences against Customs and Excise Act 1996 Customs officer or constable may search a person for dan- gerous items if officer or con- stable has reasonable grounds to believe that items posing threat to safety are on or about the person Customs officer or constable may seize certain things found during search under section 149B or 149BA of Customs and Excise Act 1996 Customs officer may, on di- rection of chief executive, in- spect goods no longer under control of Customs if chief executive reasonable has grounds to suspect goods are goods
 in respect of which of- fence has been committed, or that are the forfeited Crown, under Customs and Excise Act 1996 Customs officer may obtain and execute search warrant to enter any place or thing to search for evidence of contra- to Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply 133 and subparts 6 and 8 do not apply to forfei- ted goods) Subparts 1 and 4 to 10 (except sections that 125(4), 131(5)(f), and 133 and subparts 6 and 8 do not apply to forfei- ted goods) Subparts 1, 2, and 4 to 10 (except that sections 125(4), 131(5)(f), and 133 and subparts 6 and 8 do not apply to forfei- ted goods) Subparts 1, 2, and 4 to 10 (except that sections 125(4), 131(5)(f), and 133 and subparts 6 and 8 do not apply to forfei- ted goods) Subparts 1, 5, 6, 7, 9, and 10 (except that sec- tions 125(4), 131(5)(f), and 133 and subpart 6 do not apply to forfeited goods) Subparts 1, 2, and 4 to 10 (except that sections 125(4), 131(5)(f), and 133 and subparts 6 and 8 do not apply to forfei- ted goods) All (except that sections 125(4), 131(5)(f), and 133 and subparts 6 and 8 do not apply to forfei- ted goods) Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Section 175C 175D Industry Re- Dairy structuring Act 2001 29I(1) Dog Control Act 1996 14(1) to (3) 56(3) Brief description of power vention of Customs and Ex- cise Act 1996 or anything that is unlawfully imported or ex- ported, or that is used for the purpose of unlawful export- ation or importation of goods Customs officer may seize or detain goods suspected to be certain risk goods or evidence of commission of certain offences, if those goods are discovered in the course of ex- ercising powers of inspection, search, or examination under Customs and Excise Act 1996 Customs officer may seize and detain goods or documents (located in the course of exer- cising any power of search, inspection, or examination under Customs and Excise Act 1996) that
 he or she has reasonable cause to suspect are evidence of any of speci- fied list of offences under Misuse of Drugs Act 1975 or Films, Videos, and Publica- tions Classification Act 1993 Constable or chief executive of Ministry of Agriculture and Forestry or person authorised by chief executive may obtain and execute search warrant to search for evidence of offence against section 31(3) of Dairy Industry Restructuring Act 2001 Dog control officer who has good cause to suspect that of- fence against Dog Control Act 1996 or bylaw under that Act is being committed may enter land or premises, and inspect any dog, and, if authorised by that Act, seize or take custody of dog (note: warrant must be obtained to enter dwelling- house) Dog ranger or dog control of- ficer may enter dwellinghouse to remove barking dog (fol- lowing non-compliance with Column 4 Which provisions in Part 4 apply All (except subparts 2 and 3) Subparts 1, 5, 6, 7, 9, and 10 (except that sec- tions 125(4), 131(5)(f), and 133 and subpart 6 do not apply to forfeited goods) All (except that sections 118 and 119 apply to constables only) Subparts 1, 2, 4, and 7 to 10 (except that sec- tions 118 and 119 apply to constables only) Subparts 1, 3, 7, 9, and 10 191 Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Section 57(6)(b) Driftnet Act 1991 Prohibition 13(1) and (2) 15 Electricity Act 1992 159(1)(e) Electricity Act 2010 Industry 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 141(1) and (2) Extradition Act 1999 83(2) Fair Trading Act 1986 33C 47(2) 47L 192 Brief description of power remedial notice) if he or she obtains warrant to enter Dog ranger or dog control of- ficer may enter dwellinghouse to seize dog that has attacked persons or animals if he or she has warrant to enter (note: entry may be without warrant in exigent circumstances) Enforcement officer may exer- cise powers of entry and var- iety of other powers for pur- poses of enforcing
 Driftnet Prohibition Act 1991 Enforcement officer may seize property Dwellinghouse may be en- tered under general power of entry conferred by Electricity Act 1992 if warrant author- ising entry to that dwelling- house is obtained by person exercising power Employee of Authority may obtain and execute warrant to search any place for purpose of ascertaining whether indus- try participant is in breach of Act, regulations, or Code Enforcement officer may enter and inspect a place, vehicle, vessel, or structure to deter- mine whether Act, regula- tions, marine consent, abate- ment notice, or enforcement order are being complied with Issuing officer may issue search warrant to constable to search for evidence of extradi- tion offence Product safety officers may obtain and execute search warrant for purposes associ- ated with unsafe goods Authorised employee may ob- tain and execute search war- rant to investigate breaches of Fair Trading Act 1986 Authorised employee may ob- tain and execute search war- rant to monitor and enforce Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply Subparts 1, 3, 7, 9, and 10 Subparts 1, 4, 5, 7, 9, and 10 Subparts 1, 5, 6, 7, 9, and 10 Subparts 1, 3, 5, 7, 9, and 10 All (except sections 118 and 119) All (except subparts 2 and 8 and sections 118 and 119) All (except subpart 6) All (except sections 118 and 119) All (except sections 118 and 119) All (except sections 118 and 119) Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Section Films, Videos, and Publications Classifi- cation Act 1993 109 109A(1) 109B and Financial Markets Au- thority Act 2011 29(1) and (3) Financial Transactions Reporting Act 1996 44 Fire and Emergency New Zealand Act 2017 170(1) 171(1) 172(2) 173(1) Brief description of power compliance with certain stand- ards and notices Constable or inspector may obtain and execute search warrant to search for evidence of offences against Films,
 Videos, and Publications Clas- sification Act 1993 (other than against sections 126 and 131A) Constable or inspector may obtain and execute search warrant to search for evidence of offences against section 126 or 131A of Films, Videos, and Publications Classifica- tion Act 1993 Specified person may enter and search place, vehicle, or other thing by consent or with warrant to ascertain if person is contravening financial mar- kets legislation Constable may obtain and execute search warrant to search for evidence of offence against Financial Transactions Reporting Act 1996 or any regulations made under that Act FENZ inspector may enter and inspect land and buildings for the purposes specified in section 170(2) of the Fire and Emergency New Zealand Act 2017 FENZ inspector may enter homes and marae with the consent of an occupier or pursuant to a warrant FENZ inspector who has entered land or a building may seize, destroy, suppress, or take a sample of a material, substance, structure, or thing that the inspector reasonably believes is likely to imminently cause an emergency FENZ inspector who has entered land or a building may, if the inspector believes Column 4 Which provisions in Part 4 apply All (except sections 118 and 119) All (except sections 118 and 119) All (except sections 118 and 119) All All (except subpart 3 and sections 118 and 119) All (except sections 118 and 119) All (except subpart 3 and sections 118 and 119) All (except subpart 3 and sections 118 and 119) 193 Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Section 174(1) Fisheries Act 1996 199(1) 199A 200(1) 207(1) 282 283 292 293 Food Act 2014 194 Brief description of power on reasonable grounds that it is necessary, take or remove a sample of any material, substance, or thing for analysis, or seize and retain any material, substance, or thing for the purpose of assessing compliance with the requirements under fire safety legislation FENZ may authorise a specified person
 to enter and search any land, building, vehicle, or other thing, with consent or pursuant to a warrant, if FENZ is satisfied that there are reasonable grounds to believe an offence has been committed under fire safety legislation and that the search will find evidential material Fishery officer may examine any vessel, vehicle, premises, or other place in the course of enforcement and administra- tion of Fisheries Act 1996 Fishery officer may enter, examine, and search any thing that relates to suspected of- fence against Fisheries Act 1996 Fishery officer may enter dwellinghouse or surrounds or Māori (under reservation power conferred elsewhere in Fisheries Act 1996) if author- ised to do so by issuing officer Property seized by fishery of- ficer in relation to suspected offence against Fisheries Act 1996 may be held Chief executive may give di- rections to complete and sup- ply declaration Chief executive may give di- rections to impose movement or related controls Chief executive may require production of information Chief executive may require production of information Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply All (except sections 118 and 119) All (except subparts 2, 3, and 8 and section 119) All (except subparts 3 and 8) Subparts 1, 3, 7, 9, and 10 Subparts 1, 5, 6, 7, 9, and 10 Subpart 5 of Part 4 Subpart 5 of Part 4 Subpart 5 of Part 4 Subpart 5 of Part 4 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Section 294 295 299 300 306 308 309 311 322 323 325 326 327 328 329 Forests Act 1949 67D(1)(e) 67R Brief description of power Verifiers’ rights of access and certain other powers Recognised person may exer- cise right of access to places, information, documents, etc Use of equipment by food safety officers to facilitate entry and search Food safety officer may copy documents, etc Food safety officer may seize, condemn, and require disposal Food safety officer may ask
 about documents, etc Food safety officer must iden- tify himself or herself Food safety officer may enter places without search warrant Requirements about applica- tions for search warrant Issuing officer’s power issue search warrant to How search warrant can be transmitted Search powers under warrant How search powers to be car- ried out How seized property may be disposed of Documents relating to search warrant must be retained Timber seized by Secretary (chief executive of Ministry of Agriculture and Forestry) or forestry officer may be dis- posed of in accordance with Part 4 of the Search and Sur- veillance Act 2012 Secretary (chief executive of Ministry of Agriculture and Forestry) and any forestry of- Column 4 Which provisions in Part 4 apply Subpart 5 of Part 4 Subpart 5 of Part 4 Section 110(e) Subpart 5 of Part 4 Part 4 (other than sub- parts 2, 3, 6, and 8 and sections 119, 125(4), 131(5)(f), and 133) Subpart 5 of Part 4 118, Section 131 Part 4 (other than sub- parts 2, 3, 6, and 8 and sections 118 and 119) Sections 98 to 100 Sections 102 to 104 and 107, and subpart 5 of Part 4 Section 105 Section 110 to Sections 106, 111 114, 115(1)(b) and (3), 116 to 130, 131(1) to (5), 132, 133, 134, and 135 Part 4 (other than sub- parts 2, 3, 4, and 8) Section 101 Subparts 1, 6, 7, 9, and 10 All (except subparts 2, 3, 5, and 8 and sections 118 and 119) 195 Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply All (except that sections 118 and 119 apply to constables only) All (except subpart 3) All (except subpart 3) All (except that sections 118 and 119 apply to constables only) Subparts 1, 3, 7, 9, and 10 Subparts 1, 3, 7, 9, and 10 Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Section 71B(1) Gambling Act 2003 335(1) 336(1) 340(3) Gas Act 1992 43W(6) and (7) 50(1) 196 that inspector Brief description of power ficer may enter various places to inspect indigenous timber from indigenous forest land and may seize
 indigenous tim- ber involved in a contraven- tion of Forests Act 1949 Various powers of entry con- ferred by Forests Act 1949 are subject to specified statutory restrictions (including all of Part 4 of Search and Surveil- lance Act 2012) Gambling inspector may, while in casino, seize any gambling equipment, device, or thing that inspector has reasonable grounds to believe is evidence of offence against sections 351 to 353 of Gam- bling Act 2003 Gambling inspector may, while in public place, seize any equipment, device, or thing has reasonable grounds to believe is evidence of offence against Gambling Act 2003 or related offence involving gambling Gambling inspector or con- stable may obtain and execute search warrant to search for evidence of offence against Gambling Act 2003 or related offence involving gambling Authorised person may enter home of industry participant under authority of warrant (which may be issued if there are reasonable grounds to be- lieve it is necessary to issue warrant to ascertain whether industry has breached, or may breach, gas governance regulations or rules) Any power of entry conferred by Gas Act 1992 or regula- tions made under that Act may be exercised in respect of dwellinghouse if warrant is issued (note: entry without warrant allowed in exigent cir- cumstances) participant Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Hazardous Substances and New Organisms Act 1996 Section 119(1) Health and Safety at Work Act 2015 169(2) 172(1) 173(1) and (3) 183(1) and (4) Health Practitioners Competence Assur- ance Act 2003 10(1) Brief description of power Enforcement officer may ob- tain and execute search war- rant to search for evidence of any substance or organism or related thing involved in of- fence against Hazardous Sub- stances and New Organisms Act 1996 Inspector may obtain and exe- cute search warrant to enter a home (or part of a home) and exercise section 168 powers if
 satisfied that there are reason- able grounds for believing that the home is a workplace or has a workplace within it, or that the home is the only prac- ticable means through which the inspector may enter the workplace Inspector who has entered a workplace or a former work- place under section 168 or 169 may take or remove sample of any material, substance, or thing for analysis, or seize and retain any material, substance, or thing for specified purposes Specified person may enter and search place, vehicle, or other thing by consent or with warrant to ascertain if person is contravening relevant health and safety legislation Health and safety medical practitioner may obtain and execute search warrant to en- ter a home (or part of a home) and exercise powers of exam- ination, inspection, and related powers if satisfied that there are reasonable grounds for be- lieving that the home is a workplace or has a workplace within it, or that the home is the only practicable means through which the health and safety medical practitioner may enter the workplace Constable may obtain and execute search warrant to search for evidence of offence against section 7 or 9 of Column 4 Which provisions in Part 4 apply All (except that sections 118 and 119 apply to constables only) Subpart 3 Sections 154, 155, and 159 All (except sections 118 and 119) Subpart 3 All (except sections 118 and 119) 197 Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Brief description of power Health Practitioners Compe- tence Assurance Act 2003 Authorised person may enter place if he or she has reason- able grounds to believe that gamete, embryo, or foetus formed by prohibited action is located there or any assisted reproductive procedure or human reproductive research is conducted there, and inspect equipment at place and exer- cise other powers (such as powers of inspection and search and seizures at various times) Authorised person may enter dwellinghouse and exercise section 68
 powers inside house under section 68(1) of Human Assisted Reproductive Technology Act 2004 only if he or she obtains search war- rant Property seized may be forfei- ted to Crown on conviction Authorised person may enter place if he or she has reason- able grounds to believe that collection or use of human tis- sue at place involves contra- vention of Human Tissue Act 2008, or there is evidence of contraventions of Act at that place, and inspect equipment at place and exercise other powers, such as powers of in- spection and search and seiz- ure of various items Authorised person may enter dwellinghouse and exercise section 68 powers inside house only if he or she obtains search warrant Property seized may be forfei- ted to Crown on conviction Immigration officer may per- form search of person coming into New Zealand from anoth- er country Act Section Human Assisted Re- productive Technolo- gy Act 2004 68(1) Human Tissue Act 2008 69(2) 72 68(1) 69(2) 72 Immigration Act 2009 285A 198 Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply All (except subpart 3 and sections 118 and 119) All (except sections 118 and 119) Subpart 6 All (except subpart 3 and sections 118 and 119) All (except sections 118 and 119) Subpart 6 Sections 123 to 126 and subpart 7 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Section 293A Immigration Advisers Licensing Act 2007 57(1)(e) 61(1) 61A Insurance (Prudential Supervision) Act 2010 132(1) 230, 231 102(1) and (2) International Crimes and International Criminal Court Act 2000 107(2) 108(4) Brief description of power Immigration officer may apply for and execute search warrant there Person authorised by Registrar who enters premises for pur- poses of administering licens- ing regime may retain certain documents are if grounds for believing they are evidence of commission of of- fence Person may obtain entry war- rant for dwellinghouse if there are reasonable
 grounds to be- lieve that immigration adviser, former immigration adviser, or applicant for licence as im- migration adviser has worked there, and obtaining entry warrant is only practicable way in which to obtain entry Registrar may apply for a search warrant in relation to an offence under the Act Investigator may enter and search any place by consent or with warrant for purposes of li- investigating affairs of censed insurer or associated person Protection from liability for acts done in good faith Constable may obtain and execute search warrant to search for evidence of inter- national crime or anything re- lated to such crime Report on execution of search warrant together with copy of any notice given under section 133 of Search and Surveil- lance Act 2012 must be given to Attorney-General Things seized under search warrant issued under section 102 of International Crimes and International Criminal Court Act 2000 must be re- turned to person from whom they were seized (subject to Column 4 Which provisions in Part 4 apply All (except that sections 118 and 119 apply only if warrant is executed by constable) Subparts 1, 5, 6, 7, 9, and 10 Subparts 1, 3, and 9 Section 6 All (except sections 118 and 119) Subpart 7 Subparts 1 to 5, 7, 9, and 10 and also sections 161 and 162 Section 133 Section 155 199 Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Section 108(5) International Energy Agreement Act 1976 11 International War Crimes Tribunals Act 1995 48(1) 48(2) 55(5) and (6) Land Transport Act 1998 79V 200 Brief description of power section 155 of Search and Sur- veillance Act 2012) Attorney-General may refuse to return thing seized in cer- tain circumstances (subject to section 154 of Search and Sur- veillance Act 2012) Regulations may be made al- lowing powers of entry con- ferred by section 9 of Inter- national Energy Agreement Act 1976 to be exercised to ensure compliance with those regulations (note: regulations must not limit section 6
 of Search and Surveillance Act 2012 or subpart 6 of Part 4 of that Act) Constable who is of or above the level of inspector may ob- tain and execute warrant to search for evidence of suspec- ted offence for which person has been arrested under sec- tion 7 of International War Crimes Tribunals Act 1995 or for any thing in respect of which such offence has been, is suspected of having or been, committed Constable, authorised by At- torney-General, may obtain and execute warrant to search for evidence of suspected of- fence that war crimes tribunal has jurisdiction to try, and for any thing in respect of which such offence has been, or is suspected of having been, committed Any thing seized may be re- tained in certain circumstan- ces, but must otherwise be re- turned to person from whom it was seized (subject to sections 154 and 155 of Search and Surveillance Act 2012) Constable may obtain and execute a search warrant to search for evidence of offence against section 79T or 79U of Land Transport Act 1998 Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply Section 154 Section 6 and subparts 1, 3, 6, 7, 9, and 10 Subparts 1 to 5 and 7 to 10 and also sections 161 and 162 Subparts 1 to 5 and 7 to 10 and also sections 161 and 162 Sections 154 and 155 All (except that sections 118 and 119 apply to constables only) Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Section 119(1) and (2) 119(3) 119(5) Local Act 2002 Government 165 172 173(1) Major Events Man- agement Act 2007 67(1) circumstances, Brief description of power Enforcement officer may enter any premises if he or she is in fresh pursuit of driver suspec- ted of committing certain offences against Land Trans- port Act 1998, or of driver who has failed to provide cer- tain information Enforcement officer may enter premises without warrant, in to exigent seize and impound vehicle liable to impoundment under various provisions of Land
 Transport Act 1998 Enforcement officer may ob- tain and execute warrant to enter premises and seize and impound vehicle liable to im- poundment under various pro- visions of Land Transport Act 1998 Enforcement officer may ob- tain and execute warrant to enter private land involved in commission of offence and seize and impound property Warranted enforcement officer may enter land for purpose of detecting breach of bylaw or commission of offence against Local Government Act 2002, if officer has reasonable grounds for suspecting such breach or offence has occur- red, or is occurring, on the land (note: warrant must be obtained before this power can be exercised in respect of dwellinghouse) Local authority, for purposes of doing anything it is author- ised to do under Local Gov- ernment Act 2002, may enter property without giving prior notice in certain circumstan- ces involving sudden emer- gency or if there is danger to any works or to adjoining property Constable or enforcement of- ficer may obtain and execute Column 4 Which provisions in Part 4 apply All (except subpart 3) All (except subpart 3) All All (except sections 118 and 119) All (except that sections 118 and 119 apply to constables only) All (except subparts 2 and 3 and sections 118 and 119) All (except that sections 118 and 119 apply to constables only) 201 Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Section Marine Protection Act 1978 Mammals 13(1) 13(5) 14(1) Marine Reserves Act 1971 18(1)(d) 18A Maritime Security Act 2004 51(4) Maritime Act 1994 Transport 454 202 Brief description of power search warrant to search for evidence of offence against Major Events Management Act 2007 or for any related thing Marine mammals officer who has reason to believe or sus- pect that offence against Mar- ine Mammals Protection Act 1978 has been committed may enter, inspect, and examine any vehicle, vessel, aircraft, or hovercraft Marine mammal officers may exercise certain powers of seizure
 Marine mammals officer may obtain and execute search warrant to search for evidence of offence against Marine Mammals Protection Act 1978 or of any preparation to com- mit such offence Ranger may, if he or she reasonably believes that per- son has committed offence against Marine Reserves Act 1971 or any regulations made under that Act, stop any ves- sel, vehicle, or aircraft or par- cel, package, luggage, or other container in transit and may enter or open and search any such thing Ranger may, if he or she be- lieves there has been breach of Marine Reserves Act 1971 or any regulations made under that Act, exercise certain seiz- ure powers Authorised person may obtain and execute search warrant to search certain persons and their personal effects or a ship if issuing officer is satisfied reasonable that to believe offence grounds against Maritime Security Act 2004 has been, is being, or is likely to be committed Authorised person may obtain and execute warrant to inspect there are Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply All (except subpart 3) Subparts 1, 5, 6, 7, 9, and 10 All All (except subpart 3) All (except subpart 3) All (except that sections 118 and 119 apply to constables only) All (except subpart 2 and that sections 118 Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Section 455(1) Meat Board Act 2004 42(2) 42(5) 62(1) 62(2) Brief description of power dwellinghouse or marae for purposes of carrying out his or her functions, duties, or powers under Maritime Trans- port Act 1994 if issuing offi- cer is satisfied that entry is es- sential to enable inspection to be carried out Authorised person may obtain and execute warrant to search place for evidence of offence against Maritime Transport Act 1994 or for any related thing Auditor may enter place of business where any meat products or related documents are held or are likely to be and examine place and take sam-
 ples for purposes of undertak- ing quota compliance audit under Meat Board Act 2004 Auditor may obtain and exe- cute warrant to enter and in- spect place that is not a place of business if issuing officer is satisfied that there are or are likely to be meat products or that related documents at place Constable or authorised per- son may obtain and execute warrant to enter and inspect place that is not a place of business if issuing officer is satisfied that a person has taken or is intending to take certain proscribed actions and that meat products or related documents are or are likely to be at the place Constable or authorised per- son may obtain and execute warrant to enter and inspect place that is not a place of business if issuing officer is satisfied that, as consequence of inspection under section 61 of Meat Board Act 2004, there are reasonable grounds to be- lieve that there are or are like- ly to be meat products or rela- ted documents at that place Column 4 Which provisions in Part 4 apply and 119 apply to con- stables only) All (except that sections 118 and 119 apply to constables only) Subparts 1, 4 to 7, 9, and 10 (except sections 118 and 119) All (except that sections 118 and 119 apply to constables only) All (except that sections 118 and 119 apply to constables only) All (except that sections 118 and 119 apply to constables only) 203 Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Motor Vehicle Sales Act 2003 Section 130(1) Mutual Assistance in Criminal Matters Act 1992 44(1) National Parks Act 1980 61(1) 61(6) 65(1) 66(1) 204 in national park Brief description of power Constable or Registrar of Motor Vehicles or person authorised by Registrar may obtain and execute search warrant to search for evidence of offence against Motor Vehicle Sales Act 2003 that has been, or is being, commit- ted or for any related thing Constable authorised by At- torney-General under section 43(2) may obtain and execute warrant to search for and
 seize any thing in respect of which offence under foreign law has been or may have been com- mitted, or that is evidence, or that may be used in commis- sion of such an offence seize article Ranger may found in possession of any person if ranger has reasonable grounds to believe that the person, in obtaining possession of art- icle, has committed offence against National Parks Act 1980 Ranger may seize any chain- saw, firearm, trap, net, or sim- ilar item found in unlawful possession of any person in national park and any item found on any person and used in commission of offence in national park Ranger may stop and search boats or vehicles, or certain and animals, or search premises and posses- sions, in national park if he or she has reasonable cause to believe offence has been com- mitted against National Parks Act 1980 or any bylaws under that Act and that evidence will be found in course of search Authorised person may stop and search boat outside na- tional park if he or she has reasonable cause to believe offence has been committed against National Parks Act aircraft, Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply All (except that sections 118 and 119 apply to constables only) All (except subpart 6) All (except subpart 3) All (except subpart 3) All (except subpart 3 and sections 118 and 119) All (except subpart 3) Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Section Non-bank Takers Act 2013 Deposit 52(1) Oranga Tamariki Act 1989 39(1) and (3) 40(1) and (4) 386(1) Overseas Act 2005 Investment 56(3) Ozone Layer Protec- tion Act 1996 23(1) 25 Pork Industry Board Act 1997 44(2) Brief description of power 1980 or any bylaws under that Act and that evidence is on boat Appointed person may enter and search any place by con- sent or with warrant for pur- pose of investigating whether offence committed Constable or chief executive may obtain and execute place of safety warrant
 authorising search for, and removal of, child at risk of harm On application for order that child is in need of care and protection, constable or chief executive may obtain and exe- cute search warrant author- ising search for and removal of child If child or young person ab- sconds, constable or chief executive may obtain and exe- cute search warrant author- ising search for, and removal and return of, child or young person Regulator may obtain search warrant to search place or thing if there are reasonable to believe offence grounds under Overseas Investment Act 2005 has been, or is be- ing, committed at place or thing or there is on, under, or over place or thing evidence of offence against that Act Constable may obtain and execute search warrant to search for evidence of offence against Ozone Layer Protec- tion Act 1996 If any constable or officer seizes any substance or goods under Ozone Layer Protection Act 1996, subparts 1, 6, 7, 9, and 10 of Part 4 of Search and Surveillance Act 2012 apply Authorised person may enter and inspect place of business to ascertain whether require- ments of Part 4 of Pork Indus- Column 4 Which provisions in Part 4 apply All (except sections 118 and 119) Sections 99, 101, and 105 Sections 99, 101, and 105 Sections 99, 101, and 105 All (except sections 118 and 119) All (except sections 118 and 119) Subparts 1, 6, 7, 9, and 10 All (except subpart 2, sections 118 and 119, and subpart 8) 205 Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply All (except sections 118 and 119) All (except sections 118 and 119) All All (except subpart 3) Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Section 45(1) 45(2) Prostitution Reform Act 2003 30(1) Psychoactive Substan- ces Act 2013 77 206 Brief description of power try Board Act 1997 are being complied with or to obtain evidence that any of those re- quirements are not being met Authorised person may obtain and execute warrant to enter and inspect
 place that is not place of business if issuing of- ficer is satisfied that offence against section 49(1) or (2) of Pork Industry Board Act 1997 has been committed and that there are or are likely to be at the place certain documents relating to levy money or slaughter of pigs, or pork products subject to that levy, that are evidence of commis- sion of offence Authorised person may obtain and execute warrant to enter and inspect place that is not place of business if issuing of- ficer is satisfied that, as conse- quence of inspection of place of business under section 44 of Pork Industry Board Act 1997, there are reasonable grounds to believe that there are certain documents relating to levy money or slaughter of pigs, or pork products from pigs subject to that levy, at that place Constable may obtain warrant to enter and search place if is- suing officer is satisfied that there is good cause to suspect offence against section 23 or 34 of Prostitution Reform Act 2003 has been or is likely to be committed at that place, or that it is necessary for con- stable to enter place to prevent or investigate such offence Constable may enter and search a place (except private premises), vehicle, or other thing without a warrant to search of offences against Psychoactive Substances Act 2013 evidence for Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Section 79 Radiocommunications Act 1989 120 Reserve Bank of New Zealand Act 1989 66I 106(1) 106(2) Reserves Act 1977 95(1) Brief description of power Enforcement officer or con- stable may obtain and execute search warrant to search for evidence of offences against Psychoactive Substances Act 2013 Authorised Ministry of Eco- nomic Development employee or constable may obtain war- rant to enter and inspect and remove certain documents if issuing officer is satisfied that a person has committed or is committing offence against Radiocommunications Act 1989 or any regulations
 made under section 134(1)(g) of that Act Suitably qualified person ap- pointed by Reserve Bank may obtain and execute search warrant if issuing officer is satisfied that certain informa- tion supplied to Reserve Bank is false or misleading, or that a person has failed to comply with certain statutory require- ments under Reserve Bank of New Zealand Act 1989 Suitably qualified person ap- pointed by Reserve Bank may obtain and execute search warrant if issuing officer is satisfied that there are reason- able grounds for believing that there has been non-compli- ance with any of certain provi- sions in Part 5 of Reserve Bank of New Zealand Act 1989 Suitably qualified person ap- pointed by Reserve Bank may obtain and execute search warrant if issuing officer is satisfied that there are reason- able grounds for believing that it is necessary to do so for determining purpose whether to execute statutory powers conferred by section 113 or 117 of Reserve Bank of New Zealand Act 1989 Certain wildlife and related things found in possession of of Column 4 Which provisions in Part 4 apply All (except sections 118 and 119 apply to con- stables only) All (except sections 118 and 119) All (except sections 118 and 119) All (except sections 118 and 119) All (except sections 118 and 119) All (except subpart 3) 207 Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Section 95(6) 100(1) Resource Manage- ment Act 1991 334(1) Road User Charges Act 2012 79 Sale and Supply of Alcohol Act 2012 270 208 Brief description of power person in reserve may be seized by constable, ranger, or employee of administering body, if he or she has good cause to suspect that the per- son, in obtaining possession of the thing, has committed of- fence against Reserves Act 1977 Firearms, traps, nets, or simi- lar objects found illegally in possession of any person in reserve and equipment found in possession of any person that has been used to commit offence in reserve may be seized by
 constable, ranger, or employee of administering body Officer who has good cause to suspect that offence against Reserves Act 1977 or regula- tions made under that Act has been committed, on, from, or in respect of certain boats may stop boat and exercise certain powers of search and seizure Constable or enforcement of- ficer may obtain and execute search warrant if issuing offi- cer is satisfied that there are reasonable grounds for believ- ing that at, in, on, over, or under any place or vehicle there is any thing in respect of which imprisonable offence under Resource Management Act 1991 or any regulations made under that Act has been committed or any thing that is evidence of such offence or that is intended to be used to commit such offence Constable may obtain and execute a search warrant for evidence of offences against Road User Charges Act 2012 Constable may obtain and execute search warrant if issu- ing officer is satisfied that there are reasonable grounds for believing that certain contraventions of Sale and Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply All (except subpart 3) All (except subpart 3) All (except that sections 118 and 119 apply to constables only) All (except sections 118 and 119 apply to con- stables only) All Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Section Tax Administration Act 1994 16 16C(2) Trade in Endangered Species Act 1989 37(1) 38(1) and (2) Unsolicited Electronic Messages Act 2007 51(4) Brief description of power Supply of Alcohol Act 2012 are occurring Commissioner of Inland Rev- enue or authorised employee of Inland Revenue Depart- ment may have full and free access to things described in section 16 of Tax Administra- tion Act 1994 for purpose of inspection as described in that section, including making ex- tracts and copies Commissioner of Inland Rev- enue or authorised employee of Inland Revenue Depart- ment may obtain and execute
 warrant to remove books and documents from place and re- tain them for full and com- plete inspection if issuing offi- cer is satisfied that this may be required to enable appli- cant to exercise his or her functions under section 16 of Tax Administration Act 1994 Officer who has reasonable grounds to believe that breach of Trade in Endangered Spe- cies Act 1989 or of any regu- lations made under that Act has occurred may exercise certain entry, inspection, and related powers Officer may obtain and exe- cute search warrant to enter and search dwellinghouse or marae if issuing officer is satisfied that there is in that place specimen of endan- gered, threatened, or exploited species in respect of which of- fence against Trade in Endan- gered Species Act 1989 may have been committed, or that there is evidence of such of- fence at that place or a thing intended to be used for pur- pose of committing offence Enforcement officer may ob- tain and execute search war- rant to search place or thing if there are reasonable grounds for believing that civil liability Column 4 Which provisions in Part 4 apply Subparts 1, 3, 4, 7, 9, and 10 (except sections 103(3)(b)(ii), 102, 103(7), 103(4)(g), 115(1)(b), 118, 119, and 130(4)) Subparts 1, 3, 4, 7, 9, and 10 (except sections 103(3)(b)(ii), 102, 103(4)(g), 103(7), 115(1)(b), 118, 119, and 130(4)) All (except subpart 3) All All (except that sections 118 and 119 apply to constables only) 209 Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply All (except subpart 3 and sections 118 and 119) All (sections 118 and 119) All (except sections 118 and 119) Subparts 1, 3, 7, 9, and 10 All (except sections 118 and 119) All (except sections 118 and 119) Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Section Waste misation Act 2008 Mini- 79(1) 80(3) 82(1) Weights and Measures Act 1987 28(3) Wild Animal Control Act 1977 12(10) 12(11) 210 Brief description of power event has been, or is being,
 committed at place or thing or that there is on, over, or under place or thing anything that is evidence of civil liability event Enforcement officer may enter land or buildings to inspect property and obtain informa- tion Enforcment officer may enter a dwellinghouse or marae with a warrant Enforcement officer may enter private land with warrant and seize property materially in- volved in commission of of- fence Inspector of Weights and Measures may obtain and exe- cute search warrant if issuing officer is satisfied that it is necessary for inspector to en- ter dwellinghouse to exercise certain entry, examination, and related powers conferred by section 28(1) of Weights and Measures Act 1987 Warranted officer may enter land or premises of licence or permit holder under Wild Ani- mal Control Act 1977, or any other land or premises on which he or she suspects ani- mal is being kept in breach of section 12 of that Act, in order to ascertain whether condi- tions of licence or permit are being complied with, or whether animal is being kept in contravention of section 12 (note: a dwellinghouse may not be entered without obtain- ing a warrant) Warranted officer may obtain and execute warrant to enter dwellinghouse for purpose of detecting offence if issuing of- ficer is satisfied that there is probable cause to suspect that breach of section 12 of Wild Animal Control Act 1977 has been, or is being, committed Reprinted as at 28 September 2017 Search and Surveillance Act 2012 Schedule Column 1 Column 2 Column 3 Act Section 13(1) 13(6) and (7) 14(1) and (2) Wildlife Act 1953 39(1), 39B 39F to Wine Act 2003 62(1) and (2) Brief description of power Warranted officer may exer- cise variety of entry and search powers for purpose of enforcing, or preventing or de- tecting offences against, Wild Animal Control Act 1977 Warranted officer may exer- cise variety of entry and search powers for purpose of enforcing, or preventing or de- tecting offences against, Wild Animal Control
 Act 1977 and may obtain a warrant to enter a dwellinghouse Warranted officer may obtain and execute warrant to enter dwellinghouse for purpose of detecting offence if issuing of- ficer is satisfied that there is probable cause to suspect that offence against Wild Animal Control Act 1977 has been, or is being, committed there Ranger may exercise variety of entry, seizure, stopping, and related powers in connection with enforcement of Wildlife Act 1953.
Specifically war- ranted rangers and specified enforcement officers from other government agencies may exercise arrest power Wine officer may enter any premises (other than dwelling- house or marae) for purposes of determining whether Wine Act 2003 is being complied with 65(1) 63(1)(a) and (b) Wine officer may exercise range of examination and inquiry powers at any place he or she may enter under section 62 of Wine Act 2003 Wine officer or constable may obtain and execute search warrant at any place if issuing officer is satisfied that there are reasonable grounds for be- lieving that there is at place a thing in respect of which of- fence under Wine Act 2003 has been, or is being, commit- Column 4 Which provisions in Part 4 apply All (except subparts 2 and 3 and sections 118 and 119) All (except sections 118 and 119) All (except sections 118 and 119) All Subparts 1, 4, 7, 9, and 10 (except sections 118 and 119) All (except subparts 2, 3, and 8 and sections 118 and 119) All (except sections 118 and 119) 211 Schedule Search and Surveillance Act 2012 Column 1 Column 2 Column 3 Act Section 68 Brief description of power ted or thing that is being used, or is intended for use, in com- mission of such offence, or that is evidence of such of- fence Property seized under search warrant issued under section 65 of Wine Act 2003 may be disposed of Reprinted as at 28 September 2017 Column 4 Which provisions in Part 4 apply Subparts 1, 5, 6, 7, 9, and 10 Schedule: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Fam- ilies (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Schedule: amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Schedule: amended, on 1 April 2017, by section 11 of the Children, Young Persons, and Their Fami- lies (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Schedule: amended, on 13 March 2017, by section 13(2) of the Wildlife (Powers) Amendment Act 2017 (2017 No 2).

Schedule: amended, on 7 March 2017, by section 99 of the Radiation Safety Act 2016 (2016 No 6).
Schedule: amended, on 21 July 2016, by section 75 of the Coroners Amendment Act 2016 (2016 No 29).

Schedule: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Schedule: amended, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).

Schedule: amended, on 7 May 2015, by section 114(2) of the Immigration Amendment Act 2015 (2015 No 48).

Schedule: amended, on 26 March 2015, by section 8(2) of the Land Transport Amendment Act 2015 (2015 No 17).
Schedule: amended, on 17 June 2014, by section 41(2) of the Fair Trading Amendment Act 2013 (2013 No 143).

Schedule: amended, on 1 May 2014, by section 92(2) of the Non-bank Deposit Takers Act 2013 (2013 No 104).

Schedule: amended, on 23 April 2014, by section 16 of the Road User Charges Amendment Act 2014 (2014 No 23).

Schedule: amended, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).
Schedule: amended, on 1 September 2013, by section 164 of the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013(2013 No 52).

Schedule: amended, on 18 July 2013, by section 110(1) of the Psychoactive Substances Act 2013 (2013 No 53).

Schedule: amended, on 28 June 2013, by section 177 of the Exclusive Economic Zone and Continen- tal Shelf (Environmental Effects) Act 2012 (2012 No 72).
Schedule: amended, on 24 May 2013, by section 65 of the Crown Minerals Amendment Act 2013 (2013 No 14).

212 Reprinted as at 28 September 2017 Reprints notes Search and Surveillance Act 2012 Notes 1 2 General This is a reprint of the Search and Surveillance Act 2012 that incorporates all the amendments to that Act as at the date of the last amendment to it.
Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31): section 149 Fire and Emergency New Zealand Act 2017 (2017 No 17): section 197 Intelligence and Security Act 2017 (2017 No 10): sections 328, 329, 335 Wildlife (Powers) Amendment Act 2017 (2017 No 2): section 13(2) Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98): section 11 District Court Act 2016 (2016 No 49): section 261 Coroners Amendment Act 2016 (2016 No 29): section 75 Radiation Safety Act 2016 (2016 No 6): section 99 Health and Safety at Work Act 2015 (2015 No 70): section 232 Immigration Amendment Act 2015 (2015 No 48): section 114(2) Land Transport Amendment Act 2015 (2015 No 17): section 8 Food Act 2014 (2014 No 32): section 447 Road User Charges Amendment Act 2014 (2014 No 23): section 16 Fair Trading Amendment Act 2013 (2013 No 143): section 41(2) Non-bank Deposit Takers Act 2013 (2013 No 104): section 92(2) Telecommunications (Interception Capability and Security) Act 2013 (2013 No 91): section 123 Search and Surveillance Act Commencement Order 2013 (SR 2013/302) Psychoactive Substances Act 2013 (2013 No 53): sections 108, 110(1) Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 (2013 No 52): section 164 Public Finance Amendment Act 2013 (2013 No 50): section 104 213 Notes Search and Surveillance Act 2012 Reprinted as at 28 September 2017 Crown Minerals Amendment Act 2013 (2013 No 14): section 65 Electronic Identity Verification Act 2012 (2012 No 123): section 76 Sale and Supply of Alcohol Act 2012 (2012 No 120): section 417(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72): section 177 Search and Surveillance Act Commencement Order 2012 (SR 2012/229) Search and Surveillance Act 2012 (2012 No 24): section 348(3) Wellington, New Zealand: Published under the authority of the New Zealand Government—2017 214